The hearing in the judge Loya case has witnessed some very high pitch arguments. On Monday when the hearing was underway the arguments reached such a feverish pitch that the judges had to remind the lawyers that it was the Supreme Court and not a fish market that they were arguing in.
Now the Bombay Lawyers Association one of the petitioners in the case has sought permission to cross-examine 11 persons. The petitioners in their application relied on the K K K K Kochunni vs State of Madras case in which it was held that the Court may, in appropriate cases, be inclined to give opportunity to parties to establish their cases "by setting the application down for trial on evidence".
The petitioners also said that the State of Maharashtra has taken a very obstinate, unfortunate and partisan stand to get this group of Petitions thrown out "in limine". In an effort to do so, on behalf of the State a self serving Report of DG/Commissioner, State Intelligence Department, Shri. Sanjay Barve dated 23.11.2017 has been produced and relied upon across the Bar, without even having filed the same on affidavit."
Further it was pointed out that the State has neither cared to file any counter affidavit to the Writ Petition or the Transfer Petition nor have sought any leave to permit them to do so.
"Apparently the State is confident that these Petitions can be disposed of on oral submissions made on its behalf by Senior Counsels relying upon the said Report. This clearly shows the lack of seriousness on the part of the State and its casual approach towards the matter."
Further the petitioner said, "It is respectfully submitted that State of Maharashtra is ruled presently by the Government of Shri Devendra Fadnavis, a BJP Government. Late Judge Loya's death arose in the course of hearing of the discharge application filed by Shri Amit Shah who was then accused in Sohrabudin and other related murder cases and is currently the President of the Bharatiya Janata Party. Far from acting independently the State is clearly acting in a partisan manner forgetting its constitutional duties and obligations."
Persons the petitioners want cross-examined:
- Sanjeev Barve, Director General/Commissioner, State Intelligence Department, Maharashtra
- Dr. Prashant Bajrang Rathi, Resident of Sai Regency, Ravi Nagar, Nagpur,
- Niranjan Takle, Reporter of CARAVAN
- Srikant D Kulkarni, Member Secretary, Maharashtra State Legal Service Authority
- S.M. Modak, Principal District Judge, Pune
- Vijay C. Barde, Addlitional Sessions Judge, City Civil and Sessions Court, Greater Bombay
- Dr. Pinak Gangadhar Rao, Dande, Ram Nagar, Nagpur
- Anuj Brij Gopal Loya s/o Late Sh. B H Loya
- Sharmila Brij Gopal Loya w/o Late Sh. B H Loya
- Hari Kishan Ramchandra Loya, f/o Late Sh. B H Loya
- Anuradha Balaprasad Biyani, sister of Late Sh. B H Loya