NEW DELHI: The Supreme Court (SC) on Tuesday dismissed a plea searching for a assessment and recall of its April judgement which mentioned particular CBI court docket judge BH Loya died a herbal loss of life and that a PIL to investigate his loss of life was misused for advancing political agendas and to taint the judiciary, reported news agency ANI.
The plea that was heard on Tuesday by way of the apex court docket had been filed by way of the Bombay Lawyers Association, which was one of the petitioners who pleaded for a special investigation team (SIT) probe into judge Loya’s loss of life.
The recall plea, filed by way of senior suggest Dushyant Dave, mentioned that the "judgment and order passed by this (apex) court requires serious reconsideration and upon such reconsideration deserve to be recalled in the interest of justice and in larger public interest".
This plea on Tuesday was heard by way of the similar bench - headed by way of Chief Justice of India (CJI) Dipak Misra - which in April rejected the plea for an SIT probe into the judge's loss of life.
Judge Loya died reportedly of cardiac failure on December 1, 2014. At the time, he was engaging in an ordeal in a case associated with the alleged staged shootout killing of Sohrabuddin Sheikh in November 2005. BJP chief Amit Shah was one of the accused within the case. He was discharged within the case by way of the judge who took over the listening to of the case after judge Loya died.
Tuesday’s recall plea contended that the top court docket dedicated an error by way of depending on the file of commissioner, intelligence - a police legitimate - who was the person who performed an enquiry and reached the conclusion that Judge Loya died of herbal reasons and that the case did not require an impartial investigation.
"It is submitted that in this country, statements made before police officers are not admissible in the eyes of law. Therefore, the inquiry report could not have been placed on a higher pedestal than what law permits and demands," mentioned the recall plea filed by way of Dave.
(With inputs from companies)
The plea that was heard on Tuesday by way of the apex court docket had been filed by way of the Bombay Lawyers Association, which was one of the petitioners who pleaded for a special investigation team (SIT) probe into judge Loya’s loss of life.
The recall plea, filed by way of senior suggest Dushyant Dave, mentioned that the "judgment and order passed by this (apex) court requires serious reconsideration and upon such reconsideration deserve to be recalled in the interest of justice and in larger public interest".
This plea on Tuesday was heard by way of the similar bench - headed by way of Chief Justice of India (CJI) Dipak Misra - which in April rejected the plea for an SIT probe into the judge's loss of life.
Judge Loya died reportedly of cardiac failure on December 1, 2014. At the time, he was engaging in an ordeal in a case associated with the alleged staged shootout killing of Sohrabuddin Sheikh in November 2005. BJP chief Amit Shah was one of the accused within the case. He was discharged within the case by way of the judge who took over the listening to of the case after judge Loya died.
Tuesday’s recall plea contended that the top court docket dedicated an error by way of depending on the file of commissioner, intelligence - a police legitimate - who was the person who performed an enquiry and reached the conclusion that Judge Loya died of herbal reasons and that the case did not require an impartial investigation.
"It is submitted that in this country, statements made before police officers are not admissible in the eyes of law. Therefore, the inquiry report could not have been placed on a higher pedestal than what law permits and demands," mentioned the recall plea filed by way of Dave.
(With inputs from companies)
Judge Loya case ruling: Supreme Court turns down plea to recall its April judgment
![Judge Loya case ruling: Supreme Court turns down plea to recall its April judgment]()
Reviewed by Kailash
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July 31, 2018
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