Loya case: Uncertainty over who will hear PIL that split Supreme Court | Latest News India - Hindustan Times
close_game
close_game

Loya case: Uncertainty over who will hear PIL that split Supreme Court

Hindustan Times, New Delhi | By
Jan 20, 2018 09:08 AM IST

The Loya case is seen as the trigger for the top four SC judges to go public with their criticism of CJI Misra for allocating sensitive cases to junior judges. .

Uncertainty increased over who in the Supreme Court (SC) will hear the Loya case after the Chief Justice of India, Dipak Misra on Friday ordered that the matter be put up before “an appropriate bench as per roster”.

A view of Supreme Court in New Delhi.(Sonu Mehta/HT PHOTO)
A view of Supreme Court in New Delhi.(Sonu Mehta/HT PHOTO)

This bench will hear the two public interest litigations demanding an independent probe into the death of special CBI court judge BH Loya who died in 2014.

Hindustan Times - your fastest source for breaking news! Read now.

It isn’t clear who will be on the “appropriate bench”. The CJI’s directive comes three days after a bench of Justices Arun Misra and MM Shantagoudar hearing the case ordered its listing before an “appropriate bench,” triggering speculation that they would withdraw from hearing it.

The Loya case is seen as the trigger for the top four SC judges to go public with their criticism of CJI Misra for allocating sensitive cases to junior judges.

Judge Loya, who was presiding over the Sohrabuddin Sheikh encounter case, died in Nagpur on December 1, 2014.

Current BJP President Amit Shah was named in the case, although, in late December the same year, the court discharged him.

Friday’s order by the CJI was issued after Tehseen Poonawala and Mumbai-based journalist BR Lone mentioned the matter before the CJI. Lone’s advocate Anita Shenoy said she went to the CJI’s court to apprise him about the last order in the case and seek a date for hearing.

“On January 16 Justice Arun Misra had said the matter should be listed before an appropriate bench after a week. It was, therefore, mentioned to the chief who said the case would be now be heard by the bench as per roster,” Shenoy explained. The court had asked Maharashtra government to provide copy of its report to the petitioners, saying they should know everything about the case.

According to the present system in the court, a PIL is usually heard by the CJI. “But he is always at a liberty to mark it to another bench of his choice,” an official from the SC registry said. Therefore, it is possible that the CJI might hear the PILs in Loya case.

In the SC, a roster system is followed to mark cases to benches. Each bench has two judges. The roster is notified by the SC registry after the CJI approves it. However, the roster is not made public and even lawyers are unaware of the same. When a “sensitive matter” or PIL is filed the SC registry brings it to the notice of the CJI who then takes a call on who will hear it. Justice Arun Misra’s January 16 order, fuelling apprehensions over his hearing the case again, came a day after he broke down at a morning tea meet where he expressed his anguish at being collateral damage in the fight between the four senior judges and the CJI because their allegations cast aspersions on his conduct.

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Mukhtar Ansari Death News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Share this article
  • ABOUT THE AUTHOR
    author-default-90x90

    Bhadra is a legal correspondent and reports Supreme Court proceedings, besides writing on legal issues. A law graduate, Bhadra has extensively covered trial of high-profile criminal cases. She has had a short stint as a crime reporter too.

SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Friday, March 29, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On