New Supreme Court Bench may hear BH Loya death case

The Supreme Court asked the Maharshtra government to provide all documents pertaining to special CBI judge BH Loya's mysterious death to the petitioners in the case after the state submitted important papers including a post mortem report and a 50-page intelligence report in a sealed cover on Tuesday.

In its order, the bench directed the matter be placed "before the appropriate bench". Many see this as an indication of the PIL being moved to a new Bench.

"It is a matter where they (petitioners) should know everything," the bench of Justices Arun Mishra and MM Shantanagouder said in a packed court room directing the state government to provide the documents to petitioners Tehseen Poonawala and BR Lone who are seeking an independent investigation into the judge's death. However, the apex court cautioned the petitioners to maintain the confidentiality and sanctity of the reports after it was given to them. The court directed senior advocate Harish Salve to peruse the documents beforehand.

He was also instructed to decide which documents could be shared with the petitioners after Maharashtra government objected to sharing the reports arguing that certain documents in the sealed envelope were sensitive.
"Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners."

In December 2014, judge Loya allegedly died of a cardiac arrest in Nagpur while attending his friend's daughter's wedding. The documents in the sealed cover have thus drawn considerable interest after family members alleged that the judge's death was not natural.

At the time of his death, judge Loya was presiding over the Sohrabbuddin Shaik fake encounter case where BJP President Amit Shah was a prime accused.

The hearing on Loya's death was attended by curious onlookers after four senior-most judges of the top court held a press conference last Friday accusing Chief Justice of India Dipak Misra of allotting sensitive cases to junior judges. The trigger for Friday's press conference was the listing of Judge Loya's case before a "preferred bench" of a junior judge.

The Friday press conference, called by Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph - ranking second to fifth in order of seniority at the top court - has kicked off a judicial and political storm.
The bench hearing two PILs seeking independent probe into the death of Loya, adjourned the hearing to the next week without specifying any date.