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Bombay Lawyers Association File Review Petition in Judge Loya Death Case

The Association has alleged errors in the April 19 Judgement of the Supreme Court.
Judge Loya Death Case

Image Courtesy: Bar and Bench.com

The Bombay Lawyers Association filed a review petition before the Supreme Court on Monday, regarding the Court's decision in the Judge Loya death case. The Bombay Lawyers Association was one of the petitioners in the Judge Loya death case.

The case was dismissed by the Supreme Court on April 19, who stated that the petitions before it were politically motivated. The dismissal of the multitude of petitions has been critiqued, as there were several unanswered questions surrounding it. The present petition filed by the association seeks to remedy these issues.

The first issue raised by the petition concerns the fact that the entire defence of the Maharashtra government depended on the discreet enquiry report. The Court, however, based its decision entirely on this report. The petition raises the issue that neither the statements made by the judges to the discreet enquiry nor the report itself was accompanied by an affidavit. This aspect was dismissed by the Court in its April 19 decision on the grounds that it would result in lowering the status of the judiciary. The other aspect the petitioners have challenged was that in the face of the several reports published in the Caravan, the Court could at least have ordered an independent enquiry. The reason was that if the news reports were to be believed prima facie, then the enquiry of the Maharashtra government would be suspicious from its outset.

The petition also states that the government of Maharashtra had no grounds for opposing the petitions. For this, the petition referred to Bandhua Mukti Morcha v. Union of India, where the Court had stated: “Even if the State Government is on its own enquiry satisfied that the workmen are not bonded and are not compelled to provide forced labour and are living and working in decent conditions with all the basic necessities of life provided to them, the State Government should not baulk an enquiry by the Court when a complaint is brought by a citizen, but it should be anxious to satisfy the Court and through the Court, the people of the country, that it is discharging its constitutional obligation fairly and adequately.”

What the petition also alleges is that the Bombay Lawyers Association was not given an opportunity to present its case. That the bulk of the proceedings focused on an inquest enquiry under section 174 of the Code of Criminal Procedure, 1973, whereas the current petition was merely for an independent enquiry. An inquest enquiry under Section 174 occurs, when a person has died of seemingly unnatural causes. In such circumstances, the police are required to conduct an enquiry and submit a report. On the basis of the findings, a case could be made out.

The petitioners have prayed that the review petition be allowed. If this is to happen, it is likely that not only the investigating officers, but the judges, whose statements were recorded, could be subject to a cross-examination. Such a procedure would certainly shed more light on Judge Loya's death. However, the matter must first be allowed. Besides, the Court is on a vacation and the matter will likely be listed for after the vacation, if it gets listed at all.

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