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INDIA
Says pleas effort to scandalise and attack judiciary
Special CBI judge BH Loya died of natural causes and petitions that sought an independent investigation into his death are a serious attempt to scandalise and attack the judiciary, the Supreme Court ruled on Thursday. The order that said the circumstances around Loya's death will not be probed, immediately triggered a war of words between BJP and Congress.
A Bench led by Chief Justice Dipak Misra said that there was no reason for it to doubt the clear and consistent statements of four judicial officers, who asserted that judge Loya died of a heart attack. The court found no ground to hold that there was a reasonable suspicion about the cause or circumstances of the death.
"The judges of the district judiciary are vulnerable to wanton attacks on their independence. This court would be failing in its duty if it were not to stand by them," the Bench said. "Even the judges of this Bench hearing the present proceedings have not been spared from this vituperative assault on the judiciary," it said.
The court said there was nothing wrong with friends and colleagues sharing a room at Ravi Bhavan, the guesthouse in Nagpur where judge Loya breathed his last.
The court also relied on the fact that judge Loya called his wife a day before his death to inform her that he was staying at the guesthouse.
The Bench that also comprised Justices AM Khanwilkar and DY Chandrachud said that the petitions were a veiled attempt to launch a frontal attack on the independence of the judiciary and to dilute the credibility of judicial institutions.
Judge Loya, 48, died in 2014 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.
The death became controversial when Loya's family members questioned the circumstances last year, alleging that he had come under political pressure in the fake encounter case. Loya's son denied in January that there was any foul play.
"Political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office. Courts resolve disputes about legal rights and entitlements. Courts protect the rule of law.
There is a danger that the judicial process will be reduced to a charade, if disputes beyond the ken of legal parameters occupy the judicial space," the court said on Thursday.
BJP spokesperson Sambit Patra said the PILs were political interest litigation. "The invisible hand behind them was that of Congress president Rahul Gandhi who tried to use the judiciary for Amit Shah's character assassination.
Gandhi should apologise for his conspiracy," he said.
Congress hit back and said it's a sad letter day in India's judicial history. "The verdict left many questions unanswered. BJP's attempts to make false political capital out of the judgment must be condemned," party spokseperson RS Surjewala said.