NH Exclusive: New PIL claims Judge Loya died while on ‘official duty’

Citing an official letter from the Maharashtra state government, Nagpur-based lawyer Satish Uike has petitioned the Bombay High Court for directions to pay appropriate compensation for the death of late CBI Special Judge BH Loya, who apparently died ‘on duty’, the petition claims. This is contrary to earlier reports which said that Judge Loya has travelled to Nagpur to attend a wedding.

Late Judge Loya had died in Nagpur on December 1, 2014, days after reprimanding the counsel of BJP national president Amit Shah, and after Judge Loya had ordered Shah to be present in court on the next date during the hearing of his discharge petition in the Sohrabuddin Sheikh alleged fake encounter case.

But while the family members of the deceased as well as the state government had maintained that Judge Loya had travelled to Nagpur to attend the wedding of a colleague’s daughter, Uike has now claimed that a letter booking a VIP suite in Ravi Bhawan state guest house in Nagpur, had stated that the judge would be visiting Nagpur on ‘government duty’.

The letter, a copy of which is in possession of National Herald, is dated November 27, 2014 and is signed by a Desk Officer Shrimati EM Bhargav in the Department of Law, Government of Maharashtra.

The letter reads:

"Sir, in accordance to the above subject it is informed to you that from Mumbai, Honourable Shri BJ (sic) Loya and Honourable Shri Vinay Joshi, these both District and Session Judges Mumbai, will be staying from the early morning of 30.11.2014 till 7 am of 01.12.2014 for the government work. It is requested that for their stay one VIP Air -conditioned suite with two cots be reserved."

A copy of the letter was forwarded to Deputy Collector (Protocol) for necessary action.

Judge BH Loya was declared dead in Nagpur on the morning of December 1, 2014, reportedly having suffered a heart attack.

Reports that there could be more to the death of the judge had rocked the country in November 2017, nearly three years after the judge died. Following allegations of foul play made by some of the members of his family, including Judge Loya’s father and sisters, a demand for an independent inquiry was filed before the Bombay High Court. The petition was transferred to the Supreme Court following an order of the apex court, which dismissed the petition for an independent probe into the death earlier this year. A Review Petition filed by the Bombay Lawyers Association is pending before the apex court.

"The petitioners have preferred the instant Public Interest petition praying the respondent no. 1 (Government of Maharastra) to pay the monetary compensation to the family of the deceased judge Late Shri Brijgopal Harkishan Loya as he died in service, on government work of state of Maharastra (on 1.12.214) and also to provide government service on compassionate basis to the family member of the deceased judge, " reads Uike’s petition.