Facing criticism that the Supreme Court intends to “throw away” the PILs seeking an independent probe into the death of CBI Judge B.H. Loya, Chief Justice of India Dipak Misra assured petitioners about the “highest amount of seriousness” with which the court is examining their plea, even calling it a “cause”.
“We give this the highest amount of seriousness. We treat it like a cause. We do not care what is said outside, but we will do our duty if any fact arouses our suspicion,” Chief Justice Misra assured petitioners' counsel, senior advocates Dushyant Dave and Indira Jaising, on Monday.
“If there is some suspicion which requires further investigation, we shall do that. We are looking at all the evidence. That is why we have asked the State (of Maharashtra) to show us all their material on the case,” Chief Justice Misra observed orally.
Justice Chandrachud, on the Bench along with Justice A.M. Khanwilkar, reminded the petitioners that the court had already conveyed on the very first day of the hearing that the death of Justice Loya was of “serious concern”.
Mr. Dave said the procedure followed by the Bench in hearing the Justice Loya PILs was “not desirable”. Neither has the Bench issued formal notice to the State nor has it sought affidavits from any of the witnesses, including the four judges — two of whom are presently sitting Bombay High Court judges — who accompanied Justice Loya when he died in 2014 at Nagpur.
“I don't know why Your Lordships are reluctant to issue notice to the State and ask them to file affidavits. If a serving judge has lied under suspicious circumstance, Your Lordships should go into it,” Mr. Dave submitted.