Tuesday, June 26, 2018

Editorial, "JUSTICE TO LATE JUDGE LOYA NEEDED", in LAW ANIMATED WORLD, 30 April 2018, Vol. 14, Part 1, No. 8 issue


Image may contain: text
An honest and sincere trial court Judge, who was trying the false encounter case of Sohrabuddin Sheikh in which the then Home Minister of Gujarat, Amit Shah, now a more powerful person as the President of the ruling BJP, was also a prime accused, has died in very suspicious circumstances in Nagpur in late December 2014. His close family members alleged they suspect mischief and foul play– one of his sisters even revealed that her deceased brother was reportedly offered a huge bribe of Rs. 100 crores for a speedy, ‘favorable’ judgment in it. Several eminent persons/ organizations to this day suspect foul play and some pro bono writ petitions had been filed in the Apex Court requesting a thorough and impartial inquiry into this very serious matter which is an open assault on the judiciary. One may recollect that when on 18 January 2018 “an extraordinary event in the history of any nation” occurred with four senior-most Judges, after the CJI, venting out their grievances against the CJI in public, in which relegating this inquiry-demanding writ petitions on Loya’s death to some other bench instead of a Constitution Bench of the senior-most judges also figured prominently, it was categorically asserted by us editorially - “This does not mean that the issues they raised are any the less trivial or vexatious. Judge Loya’s suspicious death and the manner of its cover-up is quite dangerous to the judicial system in the country,….” Now it is quite unfortunate that a 3-Judge bench under the very CJI, who also has been subjected to an [arbitrarily rejected] impeachment move, recently rejects the request for any sort of judicial/official inquiry and even gives a clean chit saying the death was due to natural causes only – this when none of the forensic, medical opinions confirmed a heart attack and suspicions of poisoning were also raised by some. When prima facie severe allegations are there, in our opinion, not even a Magistrate would venture to dispose of the cases in this cavalier fashion without ordering for a serious criminal investigation first. It is not difficult for the persons in power to stifle the opinion of the public, even that of relatives, and suppress grave criminal/ genocidal offences [e.g. 9/11 false flag operation]. Hence, this decision of the 3-Judge bench should be reviewed, with an immediate stay of its operation, by a larger bench of senior-most Judges of the Supreme Court except the CJI, and we are confident that in that course certainly the needed justice, at least to the extent of constituting a SIT under Court monitoring, would be done. Or else, we warn, democracy that is in peril may get undermined with totalitarianism engulfing us causing ruination of the country. §§§

No comments: