Mumbai: A writ petition has been filed in the Supreme Court of India seeking “review” of the orders dismissing the demand for an independent probe in the “mysterious” death of Judge BH Loya, who dealt with the fake encounter case of Sohrabuddin Sheikh.
The petition seeks review of the order passed by a bench led by Chief Justice of India Dipak Misra on April 19, this year, rejecting a bunch of petitions. The bunch of petitions were filed demanding an independent probe in the death of Judge Loya, who allegedly died in mysterious circumstances. The petitions were filed post a news report in Caravan magazine quoting relatives of Judge Loya. The bench headed by CJI Misra had rejected the petitions observing that these were nothing but an attempt to attack the judiciary. The review petition criticises the observation claiming that the main petitions were instead filed to protect the integrity of “judiciary.”
In its review petition, the Bombay Lawyers’ Association has said, “The present review petition seek to neither sensationalize the subject matter of the petition, nor make a veiled attempt to launch a frontal attack on the independence of the judiciary or to dilute the credibility of judicial institutions. Also, no attempt is being made to create prejudice or malign dignity of the judges whose statements form part of the enquiry or those who gave the press interviews on the matter during the period of the enquiry.”
Advocate Ahmed Abdi, president of Bombay Lawyers’ Association said, “We have pointed out several things which the court did not appreciate. Accordingly, we have sought recalling of the judgement by which our prayer for independent probe was rejected. This review petition is likely to be taken up for hearing in July, when the Apex Court re-opens.”