7 years ago

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve

Live Law

"The Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court.judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, he was transferred to Pune with immediate effect. "The Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court.judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, he was transferred to Pune with immediate effect by the Administrative Committee!.please call for the records of the Committee and initiate suo motu contempt proceedings against the Committee.also, the transfer should not be explained by the state of Maharashtra but by the High Court,”, argued Senior Advocate Indira Jaising. We also cannot say if the contents of these letters are true”, adding, “merely because judge Loya had allegedly complained of chest pain, how are these judges even saying that he died of a heart attack?” Referring to the video recordings of the interviews conducted by journalist Niranjan Takle with judge Loya’s father and sisters, he advanced, “It is clear from those recordings that they are speaking from the heart.they were not tutored.that they have changed their stance during the course of the discreet inquiry is itself a cause for concern”. Thereupon, senior counsel Pallav Shishodia, appearing for Bandhuraj Sambhaji Lone, the first petitioner, made a brief submission- “We disassociate ourselves from all allegations being levelled against the Bombay High Court judges as well as the district level judges.we are satisfied with the statement of judge Loya’s wife’s statement that the family has overcome the grief and that they have no suspicion”. He could have said that based on the material before them, it appears that he died of heart attack.further, the inquest under section 174 of the CrPC was closed hurriedly.” “The transfer of judge Utpat has sought to be justified by saying that when the transfer had been effected, the trial had not commenced.it has been contended that the trial commences when the charges are framed., the Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court.judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, he was transferred to Pune with immediate effect by the Administrative Committee!.please call for the records of the Committee and initiate suo motu contempt proceedings against the Committee.also, the transfer should not be explained by the state of Maharashtra but by the High Court,” she continued.