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Will give case highest amount of seriousness, SC says on judge Loya's death

If there is some suspicion which requires further investigation, we shall do that. We are looking at all the evidence, says CJI Dipak Misra

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In order to allay any concern that it intended to throw away a plea seeking an independent probe into the mysterious death of special CBI judge BH Loya, the Supreme Court assured petitioners about the "highest amount of seriousness", with which it intended to address the issue.

"We give this the highest amount of seriousness. We treat it like a cause. We do not care what is said outside," the Bench led by Chief Justice of India Dipak Misra said.

"If there is some suspicion which requires further investigation, we shall do that. We are looking at all the evidence. That is why we have asked the State (of Maharashtra) to show us all their material on the case," CJI Misra orally observed in order to allay concerns and doubts expressed by senior advocates Dushyant Dave and Indira Jaising.

Justice DY Chandrachud, who was part of the three-judge Bench along with Justice AM Khanwilkar reminded Dave and Jaising that it had already conveyed its serious concern over judge Loya's death.

"We are looking at it carefully to see whether there are facts which arouse our suspicions to pass an order for investigation... A member of the judiciary has died. Certain suspicions have been raised. An officer of the court (Mr. Dave) appears before us seeking a probe... We take this very seriously," Justice Chandrachud observed.

The top court's assurance came on the heels of concerns expressed by Dave who suggested that the procedure followed by the Bench for this matter was "not desirable."

The top court has been hearing submissions almost every Mondays and Fridays since 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 - who filed a 50-page report prepared by the state Intelligence Bureau, relied on the judges' affidavits to rubbish concerns that there was something fishy in judge Loya's death.

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