Loya case: BJP rebukes Opposition for 'politicising judiciary', Congress says questions unanswered

Loya Case: Rahul Corners Amit Shah

Margao: South Goa MP Narendra Sawaikar on Thursday demanded Congress president Rahul Gandhi immediately tender an apology following the Supreme Court's dismissal of the PIL regarding Justice B H Loya's death.

The bench said that in their practice before this court, counsel are "expected to assist the court with a sense of objectivity in aid of justice". The top court had said it would order an investigation if there was ground for suspicion. However, as the Supreme Court heard the matter for 10 days in February, the bench discovered that the petitioners systemically began to "question" statements and actions of four judicial officers, who were with Loya on the night of December 2014.

"The Supreme Court has also cautioned against the misuse of courts in political tug of war", Singh tweeted.

Family members of Loya had questioned the circumstances of his death and said he had come under political pressure during the case, prompting petitions for an inquiry.

Former Attorney General of India Mukul Rohatgi criticised the petitioners and said they mainly wanted to attack "senior functionaries of the current government".

The bench expressed the hope that the "Bar of the nation is resilient to withstand such attempts on the judiciary" and said that the judiciary must continue to perform its duty even if it is not to be palatable to some.

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Addressing the media soon after the apex court pronounced its verdict over death of Judge Loya, who was earlier holding trial in the Sohrabuddin Sheikh staged shootout case, BJP spokesperson Sambit Patra said the petitions were filed with a political agenda. "Judge Brijgopal Harkishan Loya's suspicious death has anguished and caused concern in large sections of our populace, for he was trying the Tulsiram Prajapati/Sohrabuddin encounter case, where one of the accused was none less than BJP National President Shri Amit Shah", he said, highlighting the political significance of the case.

The apex court's decision labelled these petitions as "scandalous" and "an attack on the image of the Judiciary". The bench lent credence to the statements of four judges - Shrikant Kulkarni, SM Modak, Vijay C Barde and RR Rathi - who were with Loya when he died in Nagpur. "Had there been any doubt, the Supreme Court would have directed some enquiry". "In this background, the BJP's attempt to make false capital out of the Supreme Court judgment must be condemned with strongest possible words", he added.

A batch of pleas, including those filed by Congress leader Tehseen Poonawala and Maharashtra-based B S Lone, was filed in the top court seeking an independent probe into Loya's death in 2014.

However, senior BJP leaders hailed the SC verdict and said the Congress was exposed once again.

February 19: SC says it was treating Loya's case with utmost seriousness and for a cause. Most Indians, including those in the BJP, instinctively understand the truth about Mr Amit Shah.

The apex court also held that all litigations concerning circumstances of the death of judge Loya are concluded with this judgement.

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