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Amit Shah case & judge Loya case should be reopened: Shantaram Naik

13 January 2018

CBI judge Loya died under mysterious circumstances in 2014 and during the time of his death, he was hearing Sohrabuddin Shiekh fake encounter case in which BJP President, Amit Shah is an accused.

Before the commencement of hearing senior counsel Dushyant Dave, representing Bombay Lawyers' Association said the high court was already seized of the matter and the top court should refrain from hearing the issue.

Earlier in the day, four Supreme Court judges called a hurried press conference where they publicly criticised Chief Justice Misra over distribution of cases and raised concerns about judicial appointments, in an unprecedented public airing of problems.

The matter will be heard on Friday. Lone contended that a fair probe was needed into the "mysterious death" of Loya.

Petitioner Bandhuraj Sambhaji Lone, a Maharashtra journalist, has also made the Centre a respondent.

Judge Loya had died on December 1, 2014, in Nagpur, where he had gone to attend the wedding of a colleague's daughter.

The issue came under the spotlight in November a year ago after a report in Caravan magazine linked the circumstances surrounding Loya's death to the trial in Sohrabuddin case.

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In a statement issued here, Naik also said, that the case related to the death of Special CBI judge Brijgopal Harkishan Loya should also be re-visited.

The case was later transferred to CBI and the trial was shifted to Mumbai.

The death of the judge came into the light after The Caravan magazine published an interview Loya's sister Anuradha Biyani, and father Harikrishan, who alleged a foul play.

As advocate Varinder Kumar Sharma initiated arguments briefly on behalf of the petitioner, Congress sympathiser and relative of Robert Vadra, Tehseen Poonawalla, the court said, "This matter requires bi-party hearing rather than exparte".

He, however, refused to divulge the name of the senior lawyer.

The Supreme Court is likely to defer the hearing of plea seeking independent probe into Judge Loya's death.

He said he had told the senior advocate that he will not withdraw the petition as "I have full belief in the institution".

Amit Shah case & judge Loya case should be reopened: Shantaram Naik