The top court convened for the first time after the week-long Holi break to hear the issue that is being heard for the past few weeks.
The Supreme Court on Monday allowed advocate Prashant Bhushan to intervene in an ongoing matter pertaining to an independent investigation into the mysterious death of Special CBI judge BH Loya.
In his application, Bhushan contended that he wished to introduce expert professional opinions of Dr R K Sharma, former head of the Forensic Medicine and Toxicology Department at AIIMS and Dr Upendra Kaul, former professor of cardiology at AIIMS on the contentious ECG reports of the deceased judge.
Bhushan submitted that he also wanted to introduce the Histopathology report which suggests that justice Loya's heart showed no signs of suffering a cardiac arrest — the official reason given for the judge's death.
The top court convened for the first time after the week-long Holi break to hear the issue that is being heard for the past few weeks. Senior advocate Dushyant Dave, representing the Bombay Lawyer's Association (BLA), questioned the "tell-all" interviews given to a news outlet, by sitting Bombay High Court judges days after the high court permitted Maharashtra to conduct a "discreet inquiry" in the death of judge Loya.
"Why are all the judges saying in one breath that Loya died of cardiac arrest? They should instead seek an investigation. Why is there resistance all around?" Dave said.
Responding to these submissions, a three-judge bench at the apex court opined that the SC has no intention to "wish anything away" on the issue of the judge's death. However, it did not want to pass "bad faith judgments" on the judiciary. The bench led by Chief Justice of India Dipak Misra assured Dave that the "slightest suspicion" about the death of the judge will lead to a fresh investigation.
The top court has been hearing submissions almost every Monday and Friday, for the past several weeks without issuing a formal notice to Maharashtra. The top court has not even asked for affidavits from the four judges — including two Bombay High Court judges, who submitted that they were with judge Loya at the time of his death on the intervening night of November 30 and December 1, 2014.
Maharashtra filed a 50-page report prepared by the state Intelligence Bureau based on the judges' affidavits to rubbish concerns that there was something fishy in judge Loya's death.
Lacunae
SC has not asked for affidavits from the four judges including the two Bombay HC judges, who submitted that they were with judge Loya at the time of his death on the intervening night of Nov 30 and Dec 1, 2014.
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