BH Loya death case is serious: CJI bench

The case of special CBI judge BH Loya's death is "serious" and its details must be looked at with "objectivity", the Supreme Court said on Monday, while asking a lawyers' body not to "cast aspersions".

The court transferred to itself two petitions, pending at the Bombay High Court and its Nagpur bench, relating to the alleged mysterious death.

The court also asked the parties to catalogue all documents relating to Loya's death, which have not been filed so far, and submit them on February 2, the next date of hearing.

"We must look into all documents with objectivity," said a bench led by Chief Justice Dipak Misra. The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, restrained all High Courts from entertaining any petition relating to Loya's death.

In 2014, Judge Loya died, allegedly of a cardiac arrest, when he was hearing the Sohrabuddin Sheikh fake encounter case that had 22 accused, including current BJP chief Amit Shah. The case was transferred to another judge who then dismissed the charges.

On Monday, the court got irked when advocate Dushyant Dave, appearing for a Bombay lawyers' body that has filed a PIL in the High Court there, took Shah's name.

"Please do not cast aspersions or comment on such things. We all are the holders of our own conscience," Justice Chandrachud said as the bench considered the strong opposition of advocate Harish Salve, the counsel for the Maharashtra government in the case. Justice Chandrachud said that the court would look at the matter objectively since it could not base its analysis depending on news reports.

Dave continued that "the entire institution was working towards the protection of one individual". If judge Loya died a natural death, then the state should not hesitate to make all documents transparent, he said.

During the hearing, CJI Misra got angry when advocate Indira Jaising inferred a possible future order that the apex court may gag the media in the case. "This is not fair to me. This you cannot do," the CJI responded and asked Jaising to retract and apologise. She retracted her statement and tendered an apology.

The case, last heard by a bench of Justices Arun Mishra and MM Shantanagouder, was seen as one of the main triggers for four Supreme Court judges — the most senior of the court's 25 after the CJI — holding a press conference on January 12 to bare their anguish over CJI Misra's alleged breach of institutional integrity, and "to save the democracy".

When reporters asked whether the presser was related to the case of Loya, one of the four judges had said "yes".

The four revolting judges — Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurien Joseph — had said that sensitive cases should be heard by senior judges.

Last week, Maharashtra submitted a 50-page document pertaining to Loya's death in a sealed cover. The apex court had then directed Maharashtra to provide both petitioners -- Tehseen Poonawala and journalist BR Lone – copies of the report.

However, on Monday, counsel for petitioners submitted that there were some papers missing from the copies of the report provided by Maharashtra.

"The report narrates the investigation conducted by the Director General of Police. It contains statements from judicial officers, who were accompanying Judge Loya, on the entire sequence of events leading to his death," Salve said.