In a Review petition filed in the Supreme Court, Bombay Lawyers Association has pleaded for the recall of the court’s order of April 19 dismissing petitions demanding an independent enquiry into the mysterious death of CBI Special Judge B.H. Loya in December, 2014 at Nagpur.
The three-judge bench comprising the Chief Justice Dipak Misra, Justice Khanwilkar and Justice Chandrachud had pulled up the petitioners for misusing the judicial process and launching a frontal attack on the independence of the judiciary. The court had castigated the petitioners for doubting the statements given by Bombay High Court judges to Maharashtra Police that judge Loya had died of a heart attack.
The Review Petition pleads that the conclusions drawn by the Supreme Court were unwarranted and erroneous and deserved to be recalled and reviewed. In support of its contention, the Association submitted the following arguments:
The dismissal of the petition for an independent probe, the Review Petition pleads, was also erroneous because it was based on the premise that the statements given by the five judges to police ‘must be accepted and cannot be questioned by anybody’.
The apex court also overlooked the fact that several lawyers representing the state of Maharashtra had also represented one of the accused in the case being handled by judge Loya at the time of his death.