The Bombay lawyers Association has filed a review petition in the Supreme Court over the dismissal of its plea seeking an independent probe into the death of special CBI Judge Brijgopal Harkishan loya.
Nearly a month after a three-member SC bench dismissed pleas seeking an independent probe into Judge loya’s death, the Bombay lawyers Association moved the apex court against its order of April 19, 2018 which “which has resulted in miscarriage of justice if not complete negation of justice on the facts of the case”.
The Association also contended that the dismissal of its petition was “manifestly wrong” and the subsistence of the judgement in so doing “is injurious to the public interests and larger good”.
“We filed the review petition in the Supreme Court in the loya death case within stipulated 30 days of the judgement in the case. We expect the apex court to take up our petition after the summer vacation,” Bombay lawyers Association’s president Ahmad Abdi told The Pioneer here on Sunday.
Justice loya (48) had died of a “heart attack” on December 1, 2014 when he had gone to attend the wedding of a colleague’s daughter. At that time, Justice loya was hearing the alleged Sohrabuddin Sheikh encounter case – in which BJP‘s current national president Amit Shah was one of the accused. Justice loya’s family had earlier raised several questions about the circumstances leading to loya’s sudden death.
Dismissing a bunch petitions, including that of the Bombay lawyers Association, seeking an independent probe into Judge loya’s death, the apex court had in verdict delivered on April 19 dubbed the petitions as ‘frivolous’ and said they were 'bereft of any truth' and an attempt to malign the judiciary. The court said it was clear that Judge loya had died a natural death and there was 'not a shred of doubt' about it.
A SC bench of CJI Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud had also disapproved a frontal attack by the petitioners’ advocates Dushyant Dave, Indira Jaising and Prashant Bhushan who had sought to egg the apex court disbelieve the three judicial officers who accompanied loya to Nagpur and stayed with him at a guest house and said the judge had died of a heart attack. Though it said that the conduct by the petitioners’ advocates warranted contempt proceedings, the SC bench chose not to proceed further in the matter.