The case: that judge Loya who presided over Amit Shah's alleged killing of Sohrabuddin Sheik (when Amit Shah was Guj Home Minister) passed away of natural causes but the Congress (Tehseen Poonawala) allege that Judge Loya dies under "mysterious circumstances". The subsequent Judge then acquitted Amit Shah of the murder of Sohrabuddin. Congress' Poonawala put a PIL in the SC to go over the accusation that AMit Shah somehow was complicit in murder of Judge Loya to get a favorable Judge.
“We have come to the conclusion that there is absolutely no merit in the writ petitions. There is no reason for the court to doubt the clear and consistent statements of the four judicial officers. The documentary material on the record indicates that the death of judge Loya was due to natural causes. There is no ground for the court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry.”
“Repeatedly, counsel for the petitioners and intervenors have attempted to inform the court that they have no personal agenda and that they have instituted these proceedings to protect judicial independence. An aura of good faith has been sought to be created by submitting that the true purpose of seeking an inquiry into the circumstances relating to the death of judge Loya is to protect the district judiciary. But as the submissions have evolved, it has become clear that the petition is a veiled attempt to launch a frontal attack on the independence of the judiciary and to dilute the credibility of judicial institutions. Judicial review is a potent weapon to preserve the rule of law. However, here, we have been confronted with a spate of scurrilous allegations. Absent any tittle of proof that they are conspirators in a murder, the court must stand by the statements of the judicial officers. The judges of the district judiciary are vulnerable to wanton attacks on their independence. This court would be failing in its duty if it were not to stand by them”.
In clear terms, the SC has chided the Congress party (the petitioner was tehseen poonawala) to keep their political tussles out of Judiciary and not to use frivolous cases to settle political scores.
@Aashish @Ashwin @Levina @vstol Jockey @Paro @Parthu @Parul @RATHORE @Sathya
Breaking: SC Dismisses Petitions Seeking Probe Into The Death Of Judge Loya [Read Judgment] | Live Law
“We have come to the conclusion that there is absolutely no merit in the writ petitions. There is no reason for the court to doubt the clear and consistent statements of the four judicial officers. The documentary material on the record indicates that the death of judge Loya was due to natural causes. There is no ground for the court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry.”
“Repeatedly, counsel for the petitioners and intervenors have attempted to inform the court that they have no personal agenda and that they have instituted these proceedings to protect judicial independence. An aura of good faith has been sought to be created by submitting that the true purpose of seeking an inquiry into the circumstances relating to the death of judge Loya is to protect the district judiciary. But as the submissions have evolved, it has become clear that the petition is a veiled attempt to launch a frontal attack on the independence of the judiciary and to dilute the credibility of judicial institutions. Judicial review is a potent weapon to preserve the rule of law. However, here, we have been confronted with a spate of scurrilous allegations. Absent any tittle of proof that they are conspirators in a murder, the court must stand by the statements of the judicial officers. The judges of the district judiciary are vulnerable to wanton attacks on their independence. This court would be failing in its duty if it were not to stand by them”.
In clear terms, the SC has chided the Congress party (the petitioner was tehseen poonawala) to keep their political tussles out of Judiciary and not to use frivolous cases to settle political scores.
@Aashish @Ashwin @Levina @vstol Jockey @Paro @Parthu @Parul @RATHORE @Sathya
Breaking: SC Dismisses Petitions Seeking Probe Into The Death Of Judge Loya [Read Judgment] | Live Law
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