PIL seeking probe into the death of Judge Loya filed in Bombay HC [Read petition]

A Public  Interest  Litigation (PIL) has been filed in the Bombay High Court, seeking a probe into the death of Central Bureau of investigation (CBI) special judge, BH Loya.

The petition, filed by the Bombay Lawyers Association, prays for constitution of a Commission of Inquiry headed by a retired Supreme Court judge, to carry out the probe.

This is the second time that a PIL has been filed before the Bombay High Court, in relation to the alleged suspicious death of the Judge, who heard the Sohrabuddin case. The then Gujarat Home Minister Amit Shah and several police officials were accused in the case.

The PIL primarily relies on several news reports, including a comprehensive investigative story carried by the Caravan Magazine, which alleges that there were a number of question marks surrounding the nature of death, the way the autopsy was conducted, and contradictory phone calls received by the family in the moments after the Judge’s death.

Approximately, two years after the death of Judge Loya, Respondent No.4 published a sensational news story on the website of Caravan Magazine on 20^th November 2017 with heading “A Family Breaks Its Silence: Shocking Details Emerge in Death of Judge Presiding Over Sohrabuddin Trial” thereby suggesting that the death HHJ BrijmohanLoya, Ex-CBI Judge, hearing the Sohrabuddin case till the time of his death, was not natural….

The petitioner has submitted that the news reports published by The Caravan and various other media have shaken the conscience of the judiciary and the legal fraternity.

“That this news report/story has shaken the conscious of the judiciary as well as the legal fraternity. If independence and integrity of the judiciary is to be preserved, then the death of Judge Loyaand the circumstances surrounding the same should be thoroughly investigated by a Commission of Enquiry headed by retired Supreme Court judge.”

Besides various media reports, the petition also alludes to the statement of Member of Parliament, Shatrughan Sinha regarding the prevalent atmosphere.

“It is not unexpected when Mr. Shatrughan Sinha, the Member of Parliament and estranged member of BJP speaking about atmosphere of law and judiciary in the custody that “Judges Are Also Getting Killed”.

The petitioner has, therefore, prayed for constituting a Commission of Inquiry headed by retired Supreme Court judge to investigate the events and circumstances surrounding the death of Late Judge Loya.

Read the petition below.