Petition filed in SC over Loya's death motivated: Lawyers body

Mumbai, Jan 13 (PTI) The Bombay Lawyers Association (BLA)today claimed a petition filed in the Supreme Court, seeking aprobe into the death of spec...

Mumbai, Jan 13 (PTI) The Bombay Lawyers Association (BLA)today claimed a petition filed in the Supreme Court, seeking aprobe into the death of special CBI judge B H Loya, was"motivated".

The petition, filed by journalist B R Lone, was submittedto ensure a petition by the association on the same issue isnot heard by the Bombay High Court, the BLA claimed.

The association had earlier this week petitioned the HC,seeking a judicial inquiry into the circumstances surroundingthe death of Loya in 2014.

Loya, at the time, was hearing the case related to thealleged fake encounter killing of gangster Sohrabuddin Sheikh,his wife Kausar Bi and associate Tulsi Prajapati in 2005.

BLA president Ahmed Abdi today held a press conferencefollowing allegations made by four senior judges of theSupreme Court claiming impropriety on part of Chief Justice ofIndia Dipak Misra in assigning important cases.

Among the cases mentioned by the four SC judges includedthe one linked with Loya's death.

"Our petition was filed on January 4. This petition inthe Supreme Court has been filed subsequently. This wasmotivated and meant to ensure the High Court does not hear ourpetition on the ground that the apex court is seized of thematter," Abdi said.

He also alleged that even though their petition was filedon January 4, it was numbered by the HC Registrar only in theafternoon of January 12 after the unprecedented pressconference of the four SC judges in New Delhi.

"If the lawyers association faces such treatment thenwhat about the general public? The High Court takes suo motu(on its own) cognisance of issues like potholes on roads butnot in the case of a judge's death. My demand is for an openinquiry (into Loya's death)," Abdi said.

HC Registrar General S D Agarwal, however, refuted theallegations and said at present there is only one registrardoing the job of accepting petitions, PILs and other suits,and numbering them.

"There are supposed to be two registrars. But right nowthere is only one as the second registrar has beentransferred. Hence, there is a delay in petitions beingassigned numbers," Agarwal said.

Abdi had earlier this week mentioned his petition beforea Division Bench of Justices S C Dharmadhikari and BhartiDangre, which posted it for hearing on January 23.

Abdi today said he would now be filing an interveningapplication in the SC, seeking that the case and all petitionspertaining to it be heard by the Bombay HC as it is in-chargeof Maharashtra's subordinate judiciary of which Loya was apart.

Loya had allegedly died of cardiac arrest in Nagpur onDecember 1, 2014, when he had gone to attend the wedding of acolleague's daughter.

Lone, in his petition filed in the SC, had submitted thata fair probe was needed into the death of Loya. PTI SP RSYGVS.

This is unedited, unformatted feed from the Press Trust of India wire.

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