Judge Loya’s death: Will dispassionately examine the circumstances and reach own objective conclusion, says SC

New Delhi: Calling the controversy surrounding the death of judge B H Loya a ‘serious issue’, the Supreme Court on Monday assured to dispassionately examine the circumstances and reach its own objective conclusion.

Quelling the fears that media might be gagged, the Chief Justice Dipak Misra assured that they will ‘never gag the press’.

A three-judge Bench of Chief Justice Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud transferred two PILs on Loya’s death, pending before the Bombay High Court, to itself.

The Bench restrained other HCs from entertaining any petitions in connection with the death of Loya.

The Bench allowed both Maharashtra and the petitioners to place documents, including ones accessed through RTI, before it in sealed covers. The documents also contain statements made by two district judges, who went on to be high court judges. These two judges were associated with Loya.

The Bench allowed Bombay Lawyers’ Association, represented by senior advocate Dushyant Dave, to file an intervention application. Senior advocate Indira Jaising was also allowed to file an intervention application on behalf of certain social activists.

“Let us look at the matter with a sense of objectivity. Of course, it is a serious issue. We have the records before us. We will also look at records which you say was obtained through RTI, so that we have a consistent statement of what exactly happened. We cannot analyse merely on the basis of media reports,” Justice Chandrachud observed orally.

The Bench took exception to comments made by Dave about senior advocates Harish Salve and Mukul Rohatgi, appearing for the Maharashtra government.

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