The Supreme Court has dismissed the demand of conducting investigations of the CBI Special Judge, Brajgopal Harkishan Loya’s death by the SIT.
Maharashtra’s advocate Nishant Kantheswarkar told the BBC, “The court said that the petitioners tried to show that they want to investigate the matter but it is against the judiciary.”
Social worker Tahsin Poonawala was one of the petitioners in this case.
After the court verdict, Poonawalla said that his decision was broken by the verdict but the decision of the court was on the Sir’s eyes.
Senior advocate Prashant Bhushan, who is campaigning for transparency in the judiciary, was unhappy with this decision.
They raised the question, “The verdict was based on the statements of those four judges who did not even give the affidavit. Three rooms of that guest house were empty, the story was made that the judge was asleep in a room.”
Judge Loya died in 2014
Judge BH Loya, who was hearing the Sohrabuddin Sheikh’s alleged fake encounter case, was killed in Nagpur on December 1, 2014. They went there to attend a wedding there. At that time, due to his death, he was told to have a heart attack.
But in November 2017 the English magazine ‘The Caravan’ published a tabloid in which the first time the question of the death of Judge Loya was questioned.
On November 27, the Bar Association of Latur City of Maharashtra demanded the formation of a judicial commission to investigate the death of Loya so that everything could be cleared.
On January 4, 2018, the Bombay Lawyer’s Association filed an application in the Bombay High Court to investigate the circumstances of the death of the judge.
Meanwhile, social activist Tehsin Poonawala filed a petition in the Supreme Court.
In this case, Maharashtra’s journalist Bandhu Raj Lone also filed a petition in the Supreme Court demanding an independent probe, after which Chief Justice of the Supreme Court Deepak Mishra transferred the petition of the pending Lawyer’s Association in the Bombay High Court and all the Mixing petitions made a case.
After the hearing ended, the Supreme Court reserved the verdict on March 16.
Why is there a fight against Loya’s death?
Judge Loya was hearing the Sohrabuddin Sheikh’s alleged fake encounter case, in which Bhartiya Janta Party (BJP) president Amit Shah was also accused. Later, Shah was acquitted in this case. Justice Loya was killed in November 2014.
Sohrabuddin Anwar Hussein Sheikh was murdered in a fierce encounter of November 26, 2005. An eyewitness eyed Tulsiram Prajapati also died in a ‘encounter’ in December 2006.
Sohrabuddin’s wife Qosar B had also been murdered.
The allegations of these killings took place on the then Home Minister Amit Shah of Gujarat. In these cases, he was arrested later.
Then the investigation under the supervision of the Supreme Court continued. On the order of the court, Amit Shah was confined to the state.
The Supreme Court gave several directions like hearing of the case outside Gujarat, not transfer of judge during the hearing.
Special Judge JT Utpat of the CBI summoned Amit Shah in May 2014. Shah sought exemption from appearing in the hearing but the judge did not give it permission, after which he was transferred on 26 June 2014 despite the order of the Supreme Court.
After this the matter was handed over to Judge Loya, in the case Amit Shah was not even present in the court of Judge Loya. On December 1, 2014, Loya died in suspicious circumstances in Nagpur.
Judge Loya replaced Judge MB Gosavi disenfranchising the allegation of the investigating agency, Amit Shah was acquitted in December 2014.