The Supreme Court on Thursday agreed to hear a PIL seeking an independent probe into the death of Sohrabuddin fake encounter case trial judge B M Loya, which the petition alleged to have happened under suspicious circumstances.
The Supreme Court on Friday asked the Maharashtra government to submit the postmortem report of late Central Bureau of Investigation (CBI) judge B.H. Loya, asserting the "matter very serious".
A Bench of Justices Arun Mishra and Mohan Shantanagoudar heard the matter today, and later adjourned it to Monday, January 15. They had also sent a copy of the letter to the acting Chief Justice of Bombay High Court. "If the court goes ahead with the hearing, it may have implications before the high court".
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Senior advocate Indira Jaising, appearing for Maharashtra-based journalist BR Lone who is one of the petitioners, said that she has instructions from Bombay lawyers association that this matter should not be heard by the top court. The bench said it would consider the objections. The issue came in the spotlight in November previous year after a report by Caravan magazine linking the circumstances surrounding his death to the trial in the Sohrabuddin case. "I requested my advocate on record to argue the matter despite the pressure", Poonawalla said. The next trial judge acquitted Amit Shah and others in the fake encounter case on December 30, 2014.
A total of 23 accused, including police personnel, are now facing trial for their involvement in the alleged fake encounter of Sohrabuddin Shaikh, his wife Kausar Bi and their associate Tulsidas Prajapati in Gujarat in November 2005.
Before his death on December 1, 2014, Loya was presiding over a special CBI court in Mumbai, where he was hearing the case of the alleged extrajudicial murder by the Gujarat Police of alleged extortionist Sohrabuddin Sheikh.