Loya death serious issue, says SC, transfers all cases to itself

Justice Loya case: Two cases of Bombay HC transferred to Supreme Court, next hearing in February

The bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkar and Justice Chandrachud also transferred to itself two petitions pending before the Bombay High Court and its Nagpur bench relating to the matter.

The Bench took exception to comments made by Mr. Dave about senior advocates Harish Salve and Mukul Rohatgi, appearing for the Maharashtra government. Statements from four Lawyers were also presented to the court, who had stated that Loya indeed died of a heart attack and they took him to the hospital. When contacted, SCBA President Vikas Singh said there was a demand from the bar to follow the roster system of allocation of work prevalent in the Delhi High Court.

"As of today, it is a natural death". In fact, he said he had documents obtained under RTI to show there were indeed suspicious circumstances attached to judge Loya's death.

Loya, who was hearing the sensitive Sohrabuddin Sheikh fake encounter case, had allegedly died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend a wedding.

Chief Justice of India (CJI) Dipak Misra got angry when a senior woman lawyer inferred that the Supreme Court is going to gag media. Maharashtra will produce the records. Shah, along with others was an accused.

Justice Loya was dealing with a case against BJP chief Amit Shah. But Mr. Dave continued to say that "all this is to protect one man and one man only".

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As Salve and Dave engaged in a war of words, Justice Chandrachud tried to pacify the two senior advocates, saying: "There must be a sense of seriousness... this is a serious issue". "We do realise this is a serious matter", he said.

Loya's death was one of the prime reasons of the recent rebellion by four senior SC judges against the CJI.

All the lawyers then agreed to submit to the court in sealed covers all the documents they have related to the case. We all are the holders of our own conscience. "Let us look at the material objectively, so that we are not blamed that we did not look at the material dispassionately".

As she said that court should not pass any order on Salver's plea, the CJI asked if the court had said anything.

Referring to the Supreme Court's recent verdict of not staying the release or upholding the ban imposed on the screening of the Deepika Padukone-starrer Padmaavat, Jaising burst into an argument, stating: "this court passed the Padmavati order to uphold freedom of speech and expression for media and now the court is telling the press to not report on this case".

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