Judge Loya case: Supreme Court turns down plea to recall its April judgment

In April, the top court had dismissed pleas for an independent inquiry into the death of the Central Bureau of Investigation judge.

New Delhi: The Supreme Court (SC) on Tuesday dismissed a plea seeking a review and recall of its April judgement which said special CBI court judge BH Loya died a natural death and that a PIL to investigate his death was misused for advancing political agendas and to taint the judiciary, reported news agency ANI.

The plea that was heard on Tuesday by the apex court had been filed by the Bombay Lawyers Association, which was one of the petitioners who pleaded for a special investigation team (SIT) probe into judge Loya’s death.

The recall plea, filed by senior counsel Dushyant Dave, said that the “judgment and order passed by this (apex) court requires serious reconsideration and upon such reconsideration deserve to be recalled in the interest of justice and in larger public interest”.

This plea on Tuesday was heard by the same bench – headed by Chief Justice of India (CJI) Dipak Misra , which in April rejected the plea for an SIT probe into the judge’s death.

Judge Loya died reportedly of cardiac failure on December 1, 2014. At the time, he was conducting a trial in a case related to the alleged staged shootout killing of Sohrabuddin Sheikh in November 2005. BJP leader Amit Shah was one of the accused in the case. He was discharged in the case by the judge who took over the hearing of the case after judge Loya died.

Tuesday’s recall plea contended that the top court committed an error by relying on the report of commissioner, intelligence – a police official – who was the one that conducted an enquiry and reached the conclusion that Judge Loya died of natural causes and that the case did not require an independent investigation. “It is submitted that in this country, statements made before police officers are not admissible in the eyes of law. Therefore, the inquiry report could not have been placed on a higher pedestal than what law permits and demands,” said the recall plea filed by Dave.

(With inputs from agencies)

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