Heated Exchanges in SC Over Loya’s Death; Will probe if in doubt, says CJI

New Delhi : Veiled provocations and open taunts marked arguments between govt counsel and senior lawyers during Supreme Court hearing of writ petitions seeking an independent probe into death of CBI special judge BH Loya.

During heated exchanges witnessed in SC on Monday, Dave made veiled attack at BJP president Amit Shah saying he has “never seen a case in which the entire judiciary is at the beck and call of one person”.

Tempers snapped when Senior Counsel Dushyant Dave claimed “In the past also, mysterious circumstances have surrounded judges who have stood in the path of respondents, like Justice Patel in respect of the Ishrat Jahan encounter, while those have acted in accordance have been rewarded,”.

Counsels representing Maharashtra govt raged at comments  on “sitting judges” to which Dave said “sitting judges are not holy cows”

At the end of the Mayhem, Chief Justice Dipak Misra said SC will order an independent probe if it finds the “slightest” suspicion into the death.

The Backdrop
Last month, Dr. RK Sharma, former head of Forensic Medicine and Toxicology Dept, AIIMS and president of Indian Association of Medico-Legal Expert dismissed the official claim that Loya died of heart attack.

After examining the medical documents Sharma told a newspaper that the documents indicate trauma to the brain and possible poisoning.

“There is no evidence of myocardial infarction in the histopathology report. The report cites changes but not a heart attack” he added.

The most clinching remark came as Sharma said “Dura mater is the outermost layer that surrounds our brain and gets damaged in cases of trauma, which indicates some kind of an assault of brain. A physical assault”.

The possibility of poisoning comes report that states congestion of Dura.

Sarma said “Why is Dura congested is not written. Every single organ is congested so there is a possibility of poisoning”.

His family had endorsed seeing bloodstains at the back of his shirt on his body.

Loya’s death came while he was handling high-profile case of Sohrabuddin Sheikh encounter in 2005. BJP national president Amit Shah, then  Gujarat home Minister, was prime accused in the case.

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