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The two writ petitions were filed seeking an independent enquiry over the death of CBI special Judge Loya before the Supreme Court’s bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwailkar. The petitioner contented before the bench that the documents supplied were not sufficient and would like to have full access to the post-mortem report and also the ECG report. Senior Counsel Harish Salve on behalf of state of Maharashtra drew the attention of the bench on the investigation report which was conducted by the Director General of Police. The report contains the statements from the judicial officers who accompanied Judge Loya on his entire sequence of events of his death.
The question raised by the senior counsel Dushyant Dave about why the Judge Loya’s family was not invited to the said guest house by the Chief Justice of the Bombay High Court who stayed there till morning when Loya was ill. At 4 A.M Justice Loya had a chest pain and the judicial officers and the registrar of the High court took him to the hospital and from there he was shifted to another hospital, but Justice Loya passed away on the way to another hospital. The family members wanted to seek an enquiry on the death of Justice Loya and even his son has requested for the same but after his son’s conversation with Chief Justice of High Court, he doesn’t want any enquiry.
Indira Jaising, Senior Counsel wants to seek permission to examine all the documents which are not completed on behalf of civil servants. Justice Chandrachud directed both sides to file all the documents in a sequential manner for examining it on an ad hoc basis. The similar writ petitions that are pending before Bombay High Court will not be considered for the trial in any Court.
Mr. Dave suggested that everyone considers Judge Loya’s death an unnatural death. No orders were granted by the bench on the matters of Shashi Tharoor and Chidambaram. Mr. Shishodia said that the bench had to “advice” the counsels to respect the confidentiality of the matter. Even the Chief Justice Misra remarked that we do not “advice”, we “order.” The matter will be heard further on February 2, 2018.
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