Sohrabuddin case judge's death: SC to hear PIL on probe

The three-judge bench headed by Chief Justice of India Dipak Misra said "the matter is very serious" and asked the government of Maharashtra to submit its response to the petition.

The Supreme Court on Thursday agreed to hear a plea seeking a probe into the death of former judge B.H.Loya, who was presiding over the Central Bureau of Investigation (CBI) court in the Sohrabuddin Sheikh encounter case.

Judge Loya was hearing the fake encounter case against Amit Shah, who also had to serve time in jail before being released.

Senior advocate Dushyant Dave, representing the Bombay Lawyers Association, told the bench that the Bombay High Court was seized of the matter and the bench should not hear the plea.

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The bench said it will look into the petitions but will also consider the objections raised. Loya was later found dead in mysterious circumstances while attending a wedding in Nagpur between the night of 30 November and the early morning of 1 December 2014. A new judge appointed after his death discharged Shah as an accused on the ground that there was no evidence against him. In his plea, Poonawala contended that the circumstances around the death of the judge were questionable and mysterious. The issue came in the spotlight in November past year after a report by Caravan magazine linking the circumstances surrounding his death to the trial in the Sohrabuddin case.

The Bench, before adjourning the matter, asked the counsel appearing for the state of Maharashtra to seek instructions.

Senior advocate Indira Jaising, who was also present in the courtroom, said she also had instructions from Bombay Lawyers' Association to pray that the top court should not hear this matter. He was the CBI judge hearing the Sohrabuddin fake encounter case, which was transferred by the Supreme Court from Gujarat to Mumbai in September 2013.

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