17. Independent inquiry into Judge Loya’s death

Case Title: Tehseen Poonawalla & Ors v. Union of India and another

In April 2018, the Supreme Court dismissed petitions seeking an independent probe into BH Loya’s death, with the judge hearing the Sohrabuddin Sheikh case in which current Union minister Amit Shah was an accused.

A three-judge bench comprising then Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud ruled that there was no reason to question the consistent testimony of four judicial officers in the chain of events leading to Loya’s death .

Justice Chandrachud said documentary evidence confirmed that Justice Loya’s death was due to natural causes.

In the decision it was also recorded that the conduct of the petitioners and interveners in this case was “lacks good faith and reveals an abuse of the judicial process” dismissing this petition and declaring any other cases transferred and pending claims disposed of.

The Court also criticized the petitioners for casting aspersions on the Bombay High Court Administrative Committee and Supreme Court judges.

He observed that even Supreme Court judges were not spared, referring to Prashant Bhushan’s plea to recuse Justices Khanwilkar and Chandrachud from the case.