TMI Blog2018 (4) TMI 1855X X X X Extracts X X X X X X X X Extracts X X X X ..... f justice. What has happened here is that Mr. Prashant Bhushan has adopted a dual mantle, assuming the character of a counsel for the intervenor as well as an individual personally interested on behalf of the intervening organisation of which he is a member. He has gone to the length of personally collecting evidence to somehow bolster the case. The manner in which the opinion of Dr Kaul was obtained on the basis of a laconic questionnaire leaves much to be desired and is a singular reflection on the lack of objectivity which is to be expected from counsel appearing before this Court. This has bordered on an attempt to misrepresent the facts and mislead the court. The insinuation is against the judges of the Bombay High Court at Nagpur for having quashed a criminal case in which the present Chief Minister was involved. We are not called upon to evaluate the merits of the decision, save and except to note that the High Court in quashing the proceedings placed reliance on a decision of this Court and had noted that the dispute was admittedly private in nature where no element of public law was involved. The attempt of the Petitioners is to create prejudice and to malign the dignit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 title 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. 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Loya had been hearing one of the most high-profile cases in the country, involving the allegedly staged encounter killing of Sohrabuddin Sheikh in 2005. The prime Accused in the case was Amit Shah--Gujarat's minister of state for home at the time of Sohrabuddin's killing, and the Bharatiya Janata Party's national president at the time of Loya's death. The media reported that the judge had died of a heart attack. Loya's family did not speak to the media after his death. But in November 2016, Loya's niece, Nupur Balaprasad Biyani, approached me while I was visiting Pune to say she had concerns about the circumstances surrounding her uncle's death. Following this, over several meetings between November 2016 and November 2017, I spoke to her mother, Anuradha Biyani, who is Loya's sister and a medical doctor in government service; another of Loya's sisters, Sarita Mandhane; and Loya's father, Harkishan. I also tracked down and spoke to government servants in Nagpur who witnessed the procedures followed with regard to the judge's body after his death, including the post-mortem. From these accounts, deeply disturbing questions emerged a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s then underway in the country. In 2012, the Supreme Court had ordered that the trial in the case be shifted from Gujarat to Maharashtra, stating that it was convinced that in order to preserve the integrity of the trial it is necessary to shift it outside the State. The Supreme Court had also ordered that the trial be heard by the same judge from start to finish. But, in violation of this order, JT Utpat, the judge who first heard the trial, was transferred from the CBI special court in mid 2014, and replaced by Loya. On 6 June 2014, Utpat had reprimanded Amit Shah for seeking exemption from appearing in court. After Shah failed to appear on the next date, 20 June, Utpat fixed a hearing for 26 June. The judge was transferred on 25 June. On 31 October 2014, Loya, who had allowed Shah the exemption, asked why Shah had failed to appear in court despite being in Mumbai on that date. He set the next date of hearing for 15 December. Loya's death on 1 December was reported only in a few routine news articles the next day, and did not attract significant media attention. The Indian Express, while reporting that Loya had died of a heart attack noted, Sources close to him s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, came there. I still don't know how he came to know that we were at Sarda Hospital. According to Mandhane, Baheti said that he had been talking through the night with people in Nagpur, and insisted that there was no point in going to Nagpur since the body was being sent to Gategaon from there in an ambulance. He took us to his house, saying that he will coordinate everything, she said. (Questions that I sent to Baheti were still unanswered at the time this story was published.) It was night by the time Biyani reached Gategaon--the other sisters were already at the ancestral home by then. The body was delivered at around 11.30 pm, after Biyani's arrival, according to an entry in her diary. To the family's shock, none of Loya's colleagues had accompanied his body on the journey from Nagpur. The only person accompanying the body was the ambulance driver. It was shocking, Biyani said. The two judges who had insisted that he travel to Nagpur for the marriage had not accompanied him. Mr. Barde, who informed the family of his death and his post-mortem, had not accompanied him. This question haunts me: why was his body not accompanied by anyone? One of her diar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are, Asim Sarode, a senior Pune-based lawyer, told me. Biyani said the family was not given any copy of a panchnama. Loya's mobile phone was returned to the family, but, Biyani said, it was returned by Baheti, and not by the police. We got his mobile on the third or fourth day, she said. I had asked for it immediately. It had information about his calls and all that happened. We would have known about it if we got it. And the SMSes. Just one or two days before this news, a message had come which said, 'Sir, stay safe from these people.' That SMS was on the phone. Everything was deleted from it. Biyani had numerous questions about the events of the night of Loya's death and the following morning. Among them was that of how and why Loya had been taken to hospital in an auto rickshaw, when the auto stand nearest to Ravi Bhavan is around two kilometres away from it. There is no auto rickshaw stand near Ravi Bhavan, and people do not get auto rickshaws near Ravi Bhavan even during the day, Biyani said. How did the men accompanying him manage to get an auto rickshaw at midnight? Other questions, too, remain unanswered. Why was the family not informed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supposed to have received the body after the post-mortem examination. I do not have any brother or paternal cousin brother in Nagpur, Loya's father said. Who signed on the report is another unanswered question. Further, the report states that the corpse was sent from Meditrina Hospital to the Government Medical College Hospital by the Sitabardi police station, Nagpur, and that it was brought in by a police constable named Pankaj, of Sitabardi police station, whose badge number is 6238. It notes that the body was brought in at 10.50 am on 1 December 2014, that the post-mortem began at 10.55 am, and that it was over at 11.55 am. The report also noted that, as per the police, Loya died on 1/12/14 at 0615 hours after experiencing chest pains at 0400 am. It stated, He was brought to Dande hospital first and then shifted to Meditrina hospital where he was declared to be in dead condition. The time of death cited in the report--6.15 am--appears incongruous, since, according to Loya's family members, they began receiving calls about his death from 5 am onwards. Further, during my investigation, two sources in Nagpur's Government Medical College and Sitaba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hit Shah, then the chief justice of the Bombay High Court, had offered him a bribe of ₹ 100 crore in return for a favourable judgment. She said Loya had told her this some weeks before he died, when the family gathered for Diwali at their ancestral home in Gategaon. Loya's father Harkishan also told me that his son had told him he had offers to deliver a favourable judgment in exchange for money and a house in Mumbai. Brijgopal Harkishan Loya was appointed to the special CBI court in June 2014, after his predecessor, JT Utpat, was transferred within weeks of reprimanding Amit Shah for seeking an exemption from appearing in court. According to a February 2015 report in Outlook, During the CBI court's hearings that Utpat presided over for this one year, or even after, court records suggest Amit Shah had never turned up even once--including on the final day of discharge. Shah's counsel apparently made oral submissions for exempting him from personal appearance on grounds ranging from him being 'a diabetic and hence unable to move' to the more blase: 'he is busy in Delhi.' The Outlook report continued: On June 6, 2014, Utpat had made his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lawyers, Desai said, repeatedly brushed aside the demands for transcripts in English, and insisted that Shah's discharge petition be heard. Desai added that his junior lawyers often noticed unknown, suspicious-looking people inside the courtroom, whispering and staring at the complainant's lawyers in an intimidating manner. Desai recounted that during a hearing on 31 October, Loya asked why Shah was absent. His lawyers pointed out that he had been exempted from appearance by Loya himself. Loya remarked that the exemption applied only when Shah was not in the state. That day, he said, Shah was in Mumbai to attend the swearing-in of the new BJP-led government in Maharashtra, and was only 1.5 kilometres away from the court. He instructed Shah's counsel to ensure his appearance when he was in the state, and set the next hearing for 15 December. Anuradha Biyani told me that Loya confided in her that Mohit Shah, who served as the chief justice of the Bombay High Court between June 2010 and September 2015, offered Loya a bribe of ₹ 100 crore for a favourable judgment. According to her, Mohit Shah would call him late at night to meet in civil dress and pressure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily and I am also not powerful enough to fight with them. He also wrote, referring to Mohit Shah, I asked him to set up an enquiry commission for dad's death. I fear that to stop us from doing anything against them, they can harm anyone of our family members. There is threat to our lives. Anuj wrote twice in the letter that if anything happens to me or my family, chief justice Mohit Shah and others involved in the conspiracy will be responsible. When I met him in November 2016, Loya's father Harkishan said, I am 85 and I am not scared of death now. I want justice too, but I am extremely scared for the life of my daughters and grandchildren. He had tears in his eyes as he spoke, and his gaze went often to the garlanded photograph of Loya hanging on the wall of the ancestral home. Petitions 3. Tehseen Poonawalla filed a petition Under Article 32 of the Constitution before this Court on 11 December 2017. He informs the Court that the proceedings have been initiated bona fide for the welfare and benefit of the society as a whole.. with no ulterior or mala fide motive . He has averred that the petition was instituted for the safety and security of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated before the Court that there would be no objection to supply any other official documents in a sealed cover of which a list may be submitted by assisting counsel for the parties. This Court was apprised of the pendency of two writ petitions before the Bombay High Court, one at the principal seat and the other at the Nagpur Bench. Since the issue raised in the writ petitions before the Bombay High Court had the same subject matter, those petitions were transferred to this Court, to be heard along with the petitions Under Article 32. Mr. Dave, learned Senior Counsel appearing on behalf of the Bombay Lawyers' Association agreed to this course of action. The order of this Court dated 22 January 2018 also records the agreement of Ms. Jaising to the transfer of the writ petitions from the Bombay High Court. Subsequently, Ms. Jaising has clarified that since she is appearing for an intervenor and not for the Petitioners in any of those writ petitions, her consent should not be recorded. We clarify the order dated 22 January 2018 to the effect that it was Mr. Dave who has consented to the transfer of proceedings from the Bombay High Court. 5. Following the order of transfer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to Dande hospital, in close proximity of Ravi Bhavan. From there he was referred to a cardiac care facility. His colleagues are stated to have accompanied him to Meditrina hospital. Judge Loya died before he was admitted to Meditrina, since he was stated to have been 'brought dead'. There was an inquest panchnama followed by a post-mortem. After the formalities were completed, the body was taken to Gategaon, his village near Latur, nearly 450 kilometres away where the cremation took place. Issues 9. The issue before the Court is whether the death of Judge Loya was due to natural causes, or as alleged by the Petitioners (relying on the contents of news items or material which has come before the Court), there are circumstances which raise a reasonable suspicion about an unnatural death, warranting an inquiry or investigation on the directions of this Court. Moreover, should the contents of a news Article by itself be made the basis to lodge an FIR Under Section 154 of the Code of Criminal Procedure 1973. B The Discreet Enquiry 10. Following the publication of the Caravan articles, the Principal Secretary (Special) in the Home Department of the state governm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accompanied them to the hospital. After initial examination, he was advised to be taken to a cardiac centre; (v) The report in the Caravan Article that Judge Loya was taken to Dande hospital in an auto rikshaw is incorrect; (vi) The Deputy Registrar Judge RR Rathi in the meantime called his relative, Dr Pankaj Harkut, a cardiologist who advised him to bring the patient to Meditrina hospital. Following this conversation at about 0500 hours, the accompanying judges took Judge Loya to Meditrina hospital; (vii) Judge Loya was shifted to Meditrina hospital, where he was admitted by Judge Shrikant Kulkarni. He was provided emergency treatment at Meditrina hospital but was declared dead at 0615 hours on 1 December 2014; (viii) The 'progress notes' of the doctor at Meditrina hospital indicate that a post-mortem was advised. This sets at rest the doubts raised in the Caravan Article about who had recommended the post-mortem; (ix) Meditrina hospital furnished information of a medico-legal case to Sitabardi police station, of the patient being brought dead. The police station at Sitabardi registered AD 00/2014 Under Section 174 of the Code of Criminal Procedure 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e had not made any calls in connection with Mr. Loya's health to anybody. 3.8.2 One more person by name-Ishwarlal Jawaharlal Baheti lives in Nilanga, District Latur where he runs a shop called Amrit General Stores. During verification, he also confirmed that he did not know Mr. Loya. 3.8.3 The above details dispel the doubts raised in the Caravan report about the role of Mr. Ishwar Baheti. (xii) Judge Barde and Judge Modak informed Judge Loya's relatives about his ill-health and death. The Principal Secretary to the Chief Justice and other Judges at the Nagpur Bench were also informed. Chief Justice Mohit Shah and Justices Bhushan Gavai, Justice SB Shukre and Justice PR Bora visited Meditrina hospital around 0700 hours on 1 December 2014. The Chief Justice directed the officials present there to make necessary administrative arrangements; (xiii) The entire sequence of events was narrated in the statements filed by the four judicial officers-Judge Kulkarni, Judge Modak, Judge Barde and Judge RR Rathi; (xiv) An inquest was conducted between 1000 hours and 1030 hours on 1 December 2014. The post-mortem was conducted between 1055 hours and 1155 hours on 1 De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cause which he represents raises serious questions of general importance as to (the) independence of judiciary and the protection of the subordinate judiciary against threats or attacks. Mr. Dave emphasised the role espoused by the Petitioners, by adverting to the decision of this Court in Delhi Judicial Service Association, Tis Hazari Court, Delhi v. State of Gujarat (1991) 4 SCC 406 in which this Court regarded an assault on a judicial officer as something which affected judicial authority as well as the administration of justice in the entire country. An impassioned plea has been made that the Court should have regard to the background of this case, originating in the judgment in Rubabbuddin Sheikh v. State of Gujarat (2010) 2 SCC 200. While transferring the investigation to the CBI, this Court observed: ...in order to make sure that justice is not only done, but also is seen to be done and considering the involvement of the State police authorities and particularly the high officials of the State of Gujarat, we are compelled even at this stage to direct the CBI Authorities to investigate into the matter. After this Court directed a CBI investigation into the killi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e concluded judiciously, in accordance with law, and without any delay. The Administrative Committee would also ensure that the trial should be conducted from beginning to end by the same officer. Mr. Dave submitted that an application for discharge Under Section 227 of the Code of Criminal Procedure was moved by Amit Shah in 2013. His application for exemption from personal appearance was declined by Judge JT Utpat who was nominated by the Administrative Committee of the Bombay High Court in pursuance of the directions extracted above. Before the proceedings could be taken up, it was alleged, Judge Utpat was transferred on 25 June 2014 by the Administrative Committee of the Bombay High Court contrary to the directions contained in the judgment of this Court dated 27 September 2012. Following the transfer, Judge Loya was appointed as CBI judge in which assignment he continued until his death on 1 December 2014. Mr. Dave urges that the decision to transfer Judge Utpat, without seeking appropriate orders of this Court raises serious questions, if not doubts, about the functioning of the Administrative Committee of the High Court . After Judge Loya died on 1 December 2014, a new a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther individual, including the judicial officers; (ii) The case papers of Meditrina hospital record that the patient was brought dead to the hospital and was admitted by Judge Shrikant D Kulkarni who disclosed his relationship with the deceased as a friend. The progress notes of the doctor recorded that the accompanying person had indicated that the patient had suffered chest pain. The bill prepared by Meditrina hospital inexplicably contains charges for non-invasive lab, neurosurgery, diet consultation and non-medical expenses (the total bill being in the amount of ₹ 4290); (iii) The post-mortem report describes the shirt and jeans worn by the deceased. It has been urged that if Judge Loya had suffered a heart attack in his sleep, it would not be conceivable that he would be sleeping in such clothes. The rigor mortis was found to be slightly present either in the upper limbs but not in the lower limbs. The submission is that if the cause of death was due to coronary artery insufficiency, rigor mortis would have set in fully. As against this, the form under which the dead body was sent for post-mortem indicates that rigor mortis was well marked; (iv) The report of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the family after the death had occurred. Judge Barde in his statement recorded that he and Judge Kulkarni had met the relatives of the deceased after a few days at Mumbai, which is submitted to be unnatural; (vii) If indeed, the Chief Justice of the Bombay High Court, the Registrar General, judges of the High Court and judicial officers were present in the hospital, efforts would have been made to ensure that the family of Judge Loya travels to Nagpur by the next available flight; (viii) While in 2015 Judge Loya's son had addressed a letter for the filing of an FIR or for instituting an inquiry into the death, and his father and sister had demanded an inquiry in video recorded interviews with Caravan and alleged that the Chief Justice of the Bombay High Court had made an effort to bribe Judge Loya, the subsequent statements of the members of the family have been extracted by the State Intelligence Department and ought not to be relied upon; (ix) The security of Judge Loya was withdrawn on 24 November 2014 a week before his death; (x) The Commissioner in the State Intelligence Department did not meet any person nor did he visit any place to satisfy himself of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice Authority 5. Shri SM Modak, Principal District Judge, Pune, 6. Shri Vijay C Barde, Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay 7. Dr Pinak Gangadhar Rao, Dande, Ram Nagar, Nagpur 8. Shri Anuj Brij Gopal Loya, s/o late Sh. BH Loya 9. Smt. Sharmila Brij Gopal Loya w/o Sh. BH Loya 10. Shri Hari Kishan Ramchandra Loya, f/o late Sh BH Loya 11. Dr Anuradha Balaprasad Biyani, sister of late Sh. BH Loya. Mr. Dave urged that the State should be directed to file an affidavit controverting the allegations contained in the petition. B Ms. Indira Jaising: 16. Ms. Jaising has appeared on behalf of an intervenor (Admiral Ramdas). Ms. Jaising urges that the following circumstances create a suspicion that the death of Judge Loya was not due to natural causes: (i) The absence of any entry in the register at Ravi Bhavan recording the name of Judge Loya as an occupant on 30 November and 1 December 2014; (ii) The improbability of three judicial officers residing in one room of Ravi Bhavan; (iii) The mis-spelling of the name of Judge Loya in the records of Dande hospital and Meditrina hospital and in the post-mortem re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technical proof of facts alleged in the first information report does not arise (State of Haryana v. Bhajan Lal) (1992) Supp (1) SCC 335. In the present case, it was urged that upon the death of Judge Loya, the police appeared to have treated it as an accidental death and generated AD 00/14 Under Section 174 of the Code of Criminal Procedure. The police were bound to follow the procedure prescribed by law. As held by this Court in Ashok Kumar Todi v. Kishwar Jahan (2011) 3 SCC 758 the police may either close the case or register an FIR and investigate into the offence. Neither was an investigation conducted Under Section 174 Code of Criminal Procedure, nor was an FIR recorded; and (xvi) Ms. Jaising adverted to the decision in Zahira Habibullah Sheikh v. State of Gujarat (2006) 3 SCC 374 in which it was held: 35. This Court has often emphasised that in a criminal case the fate of the proceedings cannot always be left entirely in the hands of the parties, crime being public wrong in breach and violation of public rights and duties, which affects the whole community as a community and is harmful to society in general. The concept of fair trial entails familiar triangulation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court monitored investigation. These have been summarised as follows: (a) Inconsistencies in the documents produced by the State of Maharashtra; (b) Statements made by the family which appeared in the Caravan dated 20 November 2017 and 21 November 2017 and the contradictory statements by the two sitting judges of the High Court in the Indian Express dated 27 November 2017; (c) The statements made by the family of the deceased to Niranjan Takle of Caravan that they suspect foul play; (d) Contradiction of those statements by the family in documents produced by the State of Maharashtra; (e) Non-compliance with the provisions of Section 174 Code of Criminal Procedure; (f) The absence of the family during the post-mortem; (g) The handing over of the body to Dr Prashant Rathi who was a stranger; (h) The misspelling of the name of the deceased in medical documents; (i) The absence of the name of Judge Loya in the occupancy register of Ravi Bhavan; (j) The transfer of the earlier judge, Judge Utpat a day before the hearing of the Sohrabuddin trial in the teeth of the judgment in CBI v. Amitbhai Anil Chandra Shah (2012) 10 SCC 545; and (k) The fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shan states that the intervenor submitted a copy of the ECG and histopathology report to Dr Upendra Kaul, a former Professor of Cardiology at AIIMS. Mr. Prashant Bhushan addressed an e-mail to Dr Kaul, attaching the ECG and histopathology report and addressed three questions which read as follows: 1. Could this person have suffered a serious heart attack, one-two hours before this ECG is taken? In other words, is this ECG consistent with the ECG of a person who has had a serious myocardial one to two hours before this ECG is done? 2. Is the histopathology report of his coronary arteries and heart muscle consistent with his death being due to acute myocardial infarction or coronary thrombosis? 3. In addition I would also like to ask you whether a person who has died due to myocardial infarction could show significant congestion of the dura, liver, spleen, kidney, larynx, trachea and Bronchi, lungs. Is it possible for this congestion of all his organs as mentioned in the post mortem report, to have taken place because of CPR administrated at the time of his death? In reply Dr Kaul has stated thus: 1. Most unlikely, the ECG has no evidence of a recent myocardial inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the course of his rejoinder that the judges who were present with Judge Loya were a party to the conspiracy. II State of Maharashtra A Harish Salve: 22. Mr. Harish Salve, learned Senior Counsel submitted that judicial review is a potent weapon to preserve the Rule of law. Though counsel for the Petitioners asserted that the petitions were instituted to preserve the independence of the judiciary, the nature of the allegations and the tenor of the submissions indicate that the effort is to launch a frontal attack on judicial independence. Judges of the district judiciary are in a vulnerable position and it was urged that it is all the more necessary in the facts of this case for this Court to assert its authority to protect them from the indiscriminate attacks levelled by counsel appearing on behalf of the Petitioners. B Mr. Mukul Rohtagi: 23. Mr. Mukul Rohtagi, learned Senior Counsel submitted that though the batch of present cases is styled as petitions filed in the public interest, reality is far away from the principles enunciated by this Court in State of Uttaranchal v. Balwant Singh Chaufal (2010) 3 SCC 402. The petitions as well as the submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Judge Loya was in the same room at Ravi Bhavan. The statements of the four judges also cover an important stretch of time from 0400 hours to 0630 hours on 1 December 2014. There is no reason to cast doubt or suspicion on the statements of the four judges of the district judiciary. They have neither an axe to grind nor any motive not to speak the truth. Minor contradictions should not result in the statements being discarded since they are not of consequence. Minor contradictions are in fact natural when events which took place three years earlier are recalled. Moreover, this Court is not hearing a regular criminal appeal after a full-fledged trial; (viii) The ECG was taken at Dande hospital and was evidently carried to Meditrina hospital. The progress notes of the doctor at Meditrina hospital advert to the nature of the ECG and it also forms a part of the record. Significantly Judge Barde has deposed to the fact that an ECG was done though Judge Rathi has stated that at Dande hospital the nodes of the ECG machine were not in order; (ix) After the death had occurred, an inquest was conducted Under Section 174 Code of Criminal Procedure in the mortuary of the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of the authorisation of the Chief Justice of the Bombay High Court; (xv) Significantly while the Petitioners and intervenors have doubted whether the three judges stayed at Ravi Bhavan, the report in Caravan expressly acknowledges that it was at Ravi Bhavan that they had stayed during their visit to Nagpur; (xvi) Immediately on the publication of the Caravan report on 11 February 2018 containing a reference to the opinion purportedly given by Dr Sharma, two letters dated 14 February 2018 were addressed to AIIMS with reference to the opinion. AIIMS in its reply has specifically clarified that it is not a practice to give such information. Dr Sharma has clarified that he was grossly misquoted by Caravan and that the conclusions in the Article are imaginary; (xvii) The police inspector at Nagpur addressed a communication to Dr Harish Pathak, Head of Department of Forensic Medicine and Toxicology at KEM hospital, Mumbai. The report submitted by Dr Pathak specifically mentions that the findings in the post-mortem and histopathology reports are indicative of acute coronary insufficiency; (xviii) The manner in which the Petitioners have conducted themselves is evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the State of Maharashtra informed the court that the state government would be willing to produce any further documents which form a part of the official record as are required for inspection by learned Counsel appearing on behalf of the Petitioners and intervenors. Moreover, Mr. Rohatgi urged that the state would willingly accept any directions of the Court, in addition to the material which was filed. Under the order of this Court learned Counsel were permitted to provide a list of such documents to counsel for the state, if any additional documents were required to be produced. We have also scrutinised with the assistance of counsel, the material which has been produced by counsel for the Petitioners and intervenors besides the material produced by the state without regard to technicalities of procedure. This batch of cases has been heard fully. Hearings have been convened over ten dates of judicial sitting. We find no justification at this stage to call upon the state to file affidavits since a full and complete opportunity has been granted to all the parties and their counsel to address submissions on every aspect of the case that they desire to address. The entir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. 28. Section 174 deals with a situation where information is received by an officer in-charge of a police station of a person having committed suicide, or having been killed (i) by another; or (ii) by an animal; or (iii) by machinery or (iv) by an accident or of having died under circumstances raising a reasonable suspicion that some other person has committed an offence. In any of these situations, the police officer is required to furnish intimation immediately to the nearest Executive Magistrate who is empowered to hold inquests. He is required to proceed to the place where the body is situated and in the presence of two witnesses to make an investigation and draw up a report of the apparent cause of death. The report would describe the wounds including marks of injury which are found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done in the presence of two or more respectable inhabitants of the neighbourhood. The Section does not contemplate that the manner in which the incident took place or the names of the Accused should be mentioned in the inquest report. The basic purpose of holding an inquest is to report regarding the apparent cause of death, namely, whether it is suicidal, homicidal, accidental or by some machinery etc. (Id at page 641) The view in Pedda Narayana (supra) has been approved by a three judge Bench in Khujji @ Surendra Tiwari v. State of Madhya Pradesh (1991) 3 SCC 627. Hence in Radha Mohan Singh Alias Lal Saheb v. State of U.P. (2006) 2 SCC 450, a Bench of three learned judges formulated the principle in the following terms: Thus, it is well settled by a catena of decisions of this Court that the purpose of holding an inquest is very limited viz. to ascertain as to whether a person has committed suicide or has been killed by another or by an animal or by machinery or by an accident or has died under circumstances raising a reasonable suspicion that some other person has committed an offence. There is absolutely no requirement in law of mentioning the details of the FIR, names ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aused by animals or machinery, etc. and stating in what manner, or by what weapon or instrument, the injuries on the body appear to have been inflicted. (See Pedda Narayana v. State of A.P. [Pedda Narayana v. State of A.P. (1975) 4 SCC 153 : 1975 SCC (Cri) 427], Khujji v. State of M.P. [Khujji v. State of M.P. (1991) 3 SCC 627 : 1991 SCC (Cri) 916], Kuldip Singh v. State of Punjab [Kuldip Singh v. State of Punjab 1992 Supp (3) SCC 1 : 1992 SCC (Cri) 946], George v. State of Kerala [George v. State of Kerala 1998 SCC (Cri) 1232], Suresh Rai v. State of Bihar [Suresh Rai v. State of Bihar, (2000) 4 SCC 84 : 2000 SCC (Cri) 764], Amar Singh v. Balwinder Singh [Amar Singh v. Balwinder Singh (2003) 2 SCC 518 : 2003 SCC (Cri) 641], Radha Mohan Singh v. State of U.P. [Radha Mohan Singh v. State of U.P. (2006) 2 SCC 450 : (2006) 1 SCC (Cri) 661] and Sambhu Das v. State of Assam [Sambhu Das v. State of Assam (2010) 10 SCC 374 : (2010) 3 SCC (Cri) 1301].) 31. Sub-section (3) of Section 174 requires the police officer to forward the body for being examined to the nearest civil surgeon, or as the case may be, to a duly qualified medical person appointed by the state government in this behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny woman, while such person or woman is in the custody of the police or in any other custody authorized by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed. (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case. (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. (4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. (5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the patient could not be revived and was declared dead at 6.15 am on 1 December 2014. The death summary records that a post-mortem was advised for ascertaining the cause of death. A death report was accordingly issued on 1 December 2014 by the duty medical officer at Meditrina. The post-mortem became necessary because, Judge Loya was 'brought dead'. 35. At 8.30 am on 1 December 2014, the police station at Sitabardi (within whose jurisdiction Meditrina hospital is located) recorded the statement of Dr Prashant B Rathi. The statement is to the effect that the deceased was related to his uncle. The deceased had travelled to Nagpur for attending a marriage and was residing at Ravi Bhavan, Civil Lines. When he complained at 0400 hours of chest pain, he was admitted to Meditrina hospital where he was declared as brought dead at 0600 hours. On the basis of the statement of Dr Prashant Rathi, the death report (marg khabri) was drawn up Under Section 174 of Code of Criminal Procedure bearing AD 00/14. The statement of Dr Rathi is reproduced in the death report and titled as nakal bayan (this is because the statement is reproduced). The death report contains an endorsement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 1 December 2014. Ravi Bhavan falls within the jurisdiction of Sadar police station. 39. On 1 December 2014, the duty officer at Sadar police station addressed a communication to the Deputy Director of the Forensic Laboratory, Dhantoli, Nagpur, and sought a chemical analysis of the samples of the viscera and of a bottle of blood which had been preserved. Analysis of the samples commenced on 5 January 2015 and ended on 19 January 2015. On 5 February 2015 the Assistant Chemical Analyser in the Regional Forensic Science Laboratory submitted his report stating that: general and specific: chemical testing does not reveal any poison in exhibit Nos. (1), (2) and (3). Exhibits (1), (2) and (3) are respectively samples of the stomach, liver, spleen and kidney and blood. 40. In the records of Meditrina hospital referred to earlier, the name of the deceased was referred to as Brijmohan H Loya. It appears from the postmortem report that the name of the deceased was initially recorded as Brijmohan Harikishan Loya. The records of Meditrina hospital as well as the post-mortem contain a reference to the address of the deceased being the official quarters at Haji Ali Government Colon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f four judicial officers 42. Now it is in this background, that it would be necessary to advert to the statements of the judicial officers which were recorded during the course of the discreet inquiry in November 2017. A discreet inquiry was ordered on 23 November 2017 by the Home department of the state government following the reports which were published in Caravan on 20 and 21 November 2017. Mr. Rohtagi has apprised the court that in ordering the discreet inquiry, the state took recourse to the provisions of its Vigilance Manual. The Manual of Instructions provides for the procedure which is to be followed in conducting discreet inquiries. In the present case, following the news reports published in Caravan, the death being of a judge from the state judicial service, a discreet inquiry was ordered particularly in the context of the innuendos contained in the news reports. Quite apart from the Manual, the state government is not prohibited in law from holding such an enquiry in the exercise of its executive power. 43. The Commissioner of the State Intelligence Department sought the permission of the Chief Justice of the Bombay High Court to record the say of Judge Shrik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was required to be shifted to Cardiac Hospital. Accordingly, Shri Loya was immediately taken to Meditrina Hospital, Nagpur. We accompanied with him in the car. Shri Rathi who was working as Deputy Registrar called his relative Doctor to rush at Meditrina Hospital. We rushed to Meditrina Hospital, however on the way Shri Loya collapsed. We put him on the stretcher and took to the I.C.U. where Doctor started immediate treatment. After giving treatment no response from Shri Loya was seen. Unfortunately, Shri Loya succumbed to death due to massive heart attack on early morning of 1st December 2014. We communicated this unfortunate incident to the Hon'ble Shri Justice PR Bora as well as Hon'ble Shri Justice BR Gavai. We also informed the said unfortunate incident to Shri Sham Joshi, Principal Secretary to the Hon'ble The Chief Justice whose sitting was at Nagpur that time. Hon'ble Shri B R Gavai, Hon'ble Shri Justice SB Shukre and Hon'ble Shri Justice PR Bora immediately rushed to the Meditrina Hospital within half an hour. Thereafter Hon'ble Shri Mohit Shah, The Chief Justice also arrived there. Thereafter, the dead body of Shri Loya was taken to the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oya woke up. He was not feeling comfort. Myself and Judge Kulkarni called local judges probably Judge Barde and Judge Rathi. l. I do not exactly remember both of them or single. m. In a car we took Judge Loya to Dande Hospital. After initial check up, doctor advised him to shift him to another hospital n. We shifted Judge Loya to another hospital. I do not remember the name. We shifted him in a car. I also remember another local Judge Shri Waiker had also come in his car. o. At the hospital doctors have declared him dead. p. We have informed this fact to our judges at Hajiali colony. q. We all were in shock. I do not exactly remember who informed this fact to family members of Loya. r. Few Lordship have also attended the hospital. Further events took place as per their directions. s. Dead body was taken to Government Hospital for post mortem. t. Then PDJ Shri Sonavane (now Lordship) had also come to hospital and also for post mortem. u. Then PDJ Shri Sonavane deputed two local judges along with dead body. v. We all were in deep shock. Myself and Judge Kulkarni met the relatives of Judge Loya at Hajiali colony after few days. w. During ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted, whom the entire occurrence was told. Shri Modak Sir and Shri Kulkarni Sir also contacted the other friends of Shri Loya Sir at Haji Ali, known to them and told the occurrence to them. Local judges were also called at Hospital. The Hon'ble High Court Judges, and Judges from District Judiciary, and some Court Staff approached to the Hospital, and some were consulting the Doctor. Judge Shri Bhutada from Mumbai, provided my mobile number to the near relatives of Shri Loya Sir, and by making call to me, told that I should inform the happenings at Hospital to such near relatives, if they contact me. Some relatives contacted me, to whom I told the happenings, and that they may come to Nagpur. After about 6 a.m. the Doctor came out of ICU and declared that Shri Loya Sir is no more. Thereafter, the Judges gathered there saw his body. The police also approached the Hospital. Thereafter, at or about 10 p.m. the dead body was taken for post-mortem at Govt. Medical College by police. I in my car went there, where the Judges of District Judiciary also gathered. After the post mortem was over, after 11 a.m. the dead body was sent in an ambulance to the native place of Shri Loya. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Judge Waiker. Mr. Loya seated in the car of Barde and Shri Kulkarni and Modak accompanied the. Thereafter we proceeded to Meditrina Hospital. At Meditrina Hospital when we reached that time Mr. Loya was unconscious and was unable to speak. Then he was taken inside hospital for treatment. Thereafter Dr Pankaj Harkut also came there. Mr. Loya was treated at that hospital. After sometime we came to know that Mr. Loya suffered heart attack. Thereafter we came to know that he died. It was very unfortunate that Mr. Loya died and I was very upset to know this. Hence this say. The submissions analysed 45. A frontal assault has been launched on the statements of the four judicial officers by learned Counsel appearing on behalf of the Petitioners on the ground that the procedure of obtaining the permission of the Chief Justice was completed within one day and the statements were submitted by the four judges on the next day. Two of the judges (Judge Shrikant Kulkarni and Judge Barde) were based in Mumbai while the other two (Judge Modak and Judge Rathi) were based at Pune and Baramati. 46. We are unable to subscribe to this line of submissions. The Chief Justice of the Bombay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ges of the High Court (Justice Bhushan Gavai and Justice SB Shukre) were published. Mr. Dave submitted that the statements of the judicial officers cannot be regarded as independent, in view of the fact that two judges of the High Court had taken the same view as elicited in the Indian Express article, that the death of Judge Loya was due to natural causes. Mr. Dave submitted that judicial officers in the district judiciary could not be expected to take a plea at variance with what was stated by the two judges of the High Court. He urged that disciplinary action should be initiated against the two High Court judges. This submission is preposterous. It constitutes an undisguised attempt to malign four senior judicial officers and the judges of the High Court. What the submission glosses over is that the Article in the Indian Express was published on 27 November 2017 and that was when the statements attributed to Justice Gavai and Justice Shukre were published. The statements of the four judicial officers are dated on 23 and 24 November 2017 and were in fact received by the Commissioner of the SID on 24 November 2017 much before the Indian Express Article was published. We are mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook a decision to shift Judge Loya to Meditrina. To find fault with the judges for this course of action is unacceptable. But there is another and more serious aspect of the line of submissions which has been urged. Though as we have noted earlier, the proceedings have been purportedly instituted to protect the independence of the judiciary, this is one more instance where behaviour in court belies the ostensible position of the Petitioners, intervenors and their counsel. It is as if the judicial officers are in the dock. We have no hesitation in rejecting that attempt. Mr. Rohtagi submitted before the court that this line of argument of the Petitioners and intervenors would postulate that the judicial officers are co-conspirators. In fact, it was so argued by counsel assisting Mr. Giri. This is neither the case in the pleadings of the Petitioners nor is there any material on the record which can even remotely suggest such an inference. We must emphatically reject such attempts on the part of the Petitioners and the intervenors to malign judicial officers of the district judiciary. They acted in good faith to ensure medical treatment to their colleague. Their conduct cannot be ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is inconceivable that at a government guest house, a car and driver would not have been available even in the early hours of the morning. The submission lacks merit. Judge Kulkarni has stated that Judge Loya was taken in Judge Barde's car to Dande hospital. Judge Modak also notes that Judge Loya was shifted by car to Dande hospital and thereafter to Meditrina. This is confirmed in the statements of Judge Barde and Judge Rathi. The allegation that Judge Loya was not provided even a car to travel from Ravi Bhavan to Dande hospital and onwards to Meditrina is a red-herring. 51. Another submission urged by Mr. Dave is that the judicial officers did not meet the family of Judge Loya in Mumbai soon after the death. Judge Modak in his statement observes that he and Judge Kulkarni met the relatives of Judge Loya at his Haji Ali residence after a few days. The suggestion that this is callous, is unfortunate, besides being incorrect. It must be remembered that the family of Judge Loya had proceeded to Gategaon for the funeral. Can the circumstance that Judge Kulkarni and Judge Modak met the family a few days later in Mumbai have a bearing on their sense of humanity, as Mr. Dave urge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mises. The occupancy register does show that the room was in the name of Judge Kulkarni. His account is that his two friends and colleagues (Judge Loya and Judge Modak) shared the accommodation with him. It is unfair to disbelieve this account of colleagues in the district judiciary. They were friends, known to each other and had stayed together at Ravi Bhavan during the short trip to Nagpur. No counsel has suggested that they were not closely acquainted to each other. 55. The date of the death in the post-mortem is not mentioned as 7 December 2014, as submitted by Ms Jaising during the course of her submissions. The date of death is clearly mentioned as 1 December 2014. The hospital bill of ₹ 4290 at Meditrina is criticised on the ground that it contains, inter alia, neurological charges and charges for diet consultation. It must be noted that the issue in the present case is not whether the bill which was prepared at Meditrina amounts to negligence. The charge for dietary consultation is erroneous. But that cannot be a ground to discredit the fact that Judge Loya was taken to Meditrina. That he was taken to Meditrina is clear from the documentary material on the record a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge SM Modak in his statement dated 24 November 2017 specifically notes that Shri Sonawane, the Principal District Judge then at Nagpur, deputed two local judges to accompany the dead body. Judge VC Barde has also stated that after the conclusion of the post-mortem at about 11 am, the dead body was sent in an ambulance to the native place of Judge Loya and two judges; Judge Rahangdale and Judge Chopda accompanied the body. The report of the discreet inquiry by the Commissioner, SID contains the following observation: 4.4 Mr. Loya's body was sent to village Gategaon in Latur in an ambulance provided by Mr. Pawankumar Bhagat, Ambulance-Incharge of Meditrina Hospital. Two magistrates [Mr. Yogesh Rahangdale Mr. Swayam Chopda) were sent by the then Principal District Judge, Nagpur, Mr. Sonawane along with the mortal remains of Mr. Loya to Gategaon, Latur. The question sought to be replied vide CARAVAN report as why was his body not accompanied by anyone?... is a clear attempt to mislead the readers as the facts are otherwise. 58. There is no reason for this Court to doubt the statements of Judge Kulkarni, and Judge SM Modak. Both of them and Judge Loya stayed at Ravi Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught to be drawn by counsel for the Petitioners. In fact, though nothing would turn on it, it is a matter of some interest that even the Article that was published in the Caravan on 20 November 2017 records Judge Loya having had a conversation with his wife on the night of 30 November 2014 and informing her of the fact that he was staying at Ravi Bhavan together with the judges who had accompanied him to Nagpur. 59. At this stage, we must also make a reference to certain other matters to which a reference has been copiously made on behalf of the Petitioners to cast doubt on the circumstances in which Judge Loya had died. The first submission is that contrary to the directions that were issued in the judgment of this Court in its decision in CBI v. Amitbhai Anil Chandra Shah (supra), JT Utpat who was nominated by the Administrative Committee of the Bombay High Court to preside over the criminal trial was transferred on 25 June 2014. It has been urged that since the Court had on 27 September 2012 directed that the Administrative Committee would ensure that the trial is conducted from the beginning to the end by the same officer, JT Utpat ought not to have been transferred. We must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21 November 2017. The discreet enquiry was held by the Commissioner, SID. Be that as it may, the presence of Dr Prashant Rathi is established in the accidental death summary (AD 00/14) dated 1 December 2014, in the inquest report, the receipt executed on 1 December 2014 by Sitabardi police station on handing over the dead body, and in the accidental death summary (AD 44/14) recorded by Sadar police station at 1600 hours on 1 December 2014. In the face of the contemporaneous documentary material, the statement of Dr Rathi recorded on 22 November 2017 cannot be construed as something which casts doubt on the validity of the discreet inquiry. Application for cross-examination 62. During the course of his submissions, Mr. Dave moved an application for cross-examination of the following persons whose statements were recorded during the course of the discreet inquiry: 1. Mr. Sajeev Barve, Director General/Commissioner, State Intelligence Department, Maharashtra, 2. Dr Prashant Bajrang Rathi, Resident of Sai Regency, Ravi Nagar, Nagpur, 3. Mr. Niranjan Takle, Reporter of CARAVAN, 4. Shri Srikant D Kulkarni, Member Secretary, Maharashtra State Legal Service Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavits before this Court and that upon the filing of those affidavits, they should be produced for cross-examination by him. In support of his submissions Mr. Dave relied a few decisions of this Court. In K.K. Kochunni v. State of Madras (supra) this Court held: 12 ...it is possible very often to decide questions of fact on affidavits. If the petition and the affidavits in support thereof are not convincing and the court is not satisfied that the Petitioner has established his fundamental right or any breach thereof, the Court may dismiss the petition on the ground that the Petitioner has not discharged the onus that lay on him. The court may, in some appropriate cases, be inclined to give an opportunity to the parties to establish their respective cases by filing further affidavits or by issuing a commission or even by setting the application down for trial on evidence, as has often been done on the Original sides of the High Courts of Bombay and Calcutta, or by adopting some other appropriate procedure. Such occasions will be rare indeed and such rare cases should not, in our opinion, be regarded as a cogent reason for refusing to entertain the petition Under Article 32 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uiry into the circumstances leading to the death of Judge Loya. As part of this process, the court has to decide as to whether the inquiry which has been conducted by the state is vitiated and if circumstances have been brought to the notice of the court which cast a reasonable suspicion about the events leading upto the death of Judge Loya. The Petitioners cannot assert as of right that they should be allowed to cross-examine a host of persons including the doctors and judicial officers. By casting unfounded aspersions on the judicial officers who had accompanied Judge Loya, the Petitioners have revealed the real motive of these proceedings which is to bring the judiciary into disrepute on the basis of scurrilous allegations. We find no basis or justification to allow the request for cross-examination. The application shall accordingly stand rejected. Intervention by Centre for Public Interest Litigation 64. Mr. Prashant Bhushan appeared in these proceedings at the stage of the rejoinder. This was after the learned Counsel appearing on behalf of the Petitioners and intervenors had addressed the court and the court had heard submissions on behalf of the State of Maharashtra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on from Dr RK Sharma. The letter extracts the following reply sent by Dr RK Sharma to AIIMS: Thanks for your mail, I would like to state that I have been grossly misquoted by Caravan magazine regarding death of Judge Loya. The conclusions drawn are imaginary. I had general discussion with the reporter. I do not agree with contents of report published which are ascribed to me. I have not given any report regarding death of Judge Loya. The letter dated 3 March 2018 from AIIMS accordingly contains the following clarification: In continuation of the previous reply dated 16.2.2018, it is added that no doctor from the Department of Forensic Medicine has given any opinion about the death of Judge Loya in official or individual capacity to the Caravan Magazine or any other media agency. It is further reiterated that AIIMS New Delhi has a fixed protocol to respond only to official written request from the Government agency or Honourable Court with all the Mandatory corroborative investigating documents including Medical Documents for Medicolegal opinion and without the same holistic opinion can't be formed for the perusal by law. The clarification issued by AIIMS indicates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es MLC). 9. Two Articles from the Caravan magazine dated 26/01/18 11/02/18. Based upon all the documents made available to me and the recent medical literature, I would like to state as under: 1. As per Doctor's progress notes of Meditrina Hospital (Annexure, 1 Page 1) and statement given by Dr Pankaj Harkut (Annexure 2, Page 2), On 01st December 2014, at around 04 am (As per Autopsy notes). When Mr. Brijgopal H Loya complained of chest pain and retrosternal pain. (Doctor progress Notes Annexure 1) According to Principles of Internal Medicine, Harrison, (Annexure 3, Page 4) Chest discomfort is among the most common reasons for which patients present for medical attention at either an emergency department or an outpatient clinic. Retrosternal pain is the typical clinical feature of myocardial ischemia (Annexure 3, Table on Page 5). Chest discomfort associated with Myocardial Infarction is typically more severe, is prolonged usually lasting more than 30 minutes and is not relieved by rest (Annexure 3, Page 6). According to Oxford Dictionaries, (URL: https://oxforddictionaries.com/definition/us) Retrosternal: Behind the breastbone. (Annexure 4, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... autopsy examination, no external marks of injuries were found and on internal examination, following significant observations were made. 7. With regard to autopsy notes and observations therein, my opinion on the findings with their medico-legal interpretation and relevance along with authorities which are being attached as annexures. 7A Dura congested According to Snell's Textbook of Anatomy, Dura is a fibrous tissue (Annexure 10, Page 15) It does not have blood supply in order to show the signs of congestion. Autopsy surgeon is expected to see if dura is intact and probably he meant to comment the Meanings, which are the outer coverings of brain and their congestion in normally seen in most of the cases of sudden cardiac deaths. Hence the entire argument in caravan magazine about congestion of Dura and thereby it being the indication of head injury is unscientific, and devoid of any rationale. 7B. Heart congested, weighing 320 grams - Evidence of atherosclerosis in left coronary and left anterior descending coronary artery with calcification and luminal narrowing of 100 percent 01 cm distal to its origin and 90% 02 cm distal to its origin respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... men of Coronary artery, where Grade IV signifies thickening and calcification of wall of coronary artery with narrowing of lumen more than 75%. (Annexure 13, Page 26). Significant obstruction of the coronary artery lumen requires 75% narrowing of the lumen (Forensic Pathology, Vincent J DiMaio, Annexure 14, Page 28) In the present case, severe stenosis (Narrowing) in left coronary 100% and left anterior descending 90% was observed and noted at autopsy. The findings are consistent with the cause of death due to acute coronary insufficiency. Hence I do not find any merit in the said argument. 8.2 Once coronary arteries are calcified, one cannot die due to heart attack (The Caravan, Annexure 19, Page 46) This is highly unscientific interpretation as calcified arteries can be blocked by the dislodges thrombus and I find no merit in it and disagree with this opinion. 8.3 Once person alive for 30 minutes after symptoms condition of heart will have clear signs, (The Caravan, Annexure 19, Page 47) Nowhere in the medical literature I have come across such observation. In fact, the earliest signs do not appear before 12 hours. (Annexure 12, Page 20) The fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d unjustifiable to doubt sanctity of evidence. 8.8 The Deceased had healthy life style and no family history of heart disease hence could not have died due to sudden cardiac arrest at the young age of 48 years. (Caravan, Annexure 19, Page 48) Family history of cardiac illness only makes a person more prone to the risk of cardiac disease but does not Rule out the possibility of the same among the persons without such history. 9. Conclusion: On careful perusal of all documents made and relevant medical literature on the subject, it is my opinion that, 1. Late Shri Brijgopal Harikisan Loya died due to acute coronary insufficiency, which was a sudden natural death. 2. There was no evidence to suggest any inconsistencies in the history, clinical findings and autopsy report made available to me. 3. Claims of foul play and suspicions in the articles in The Caravan made are unscientific and incorrect, as explained by me in this report with relevant references. Dr. Harish M Pathak Professor Head Forensic Medicine Toxicology Seth GSMC KEM Hospital, Mumbai. 68. We are not really considering here whether the opinion of Dr Pathak should b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Narinder Singh and Ors. v. State of Punjab and Ors. (2014) 6 SCC 466 has laid down various guidelines to be followed by this Court while exercising its power Under Section 482 of the Code of Criminal Procedure for quashing criminal proceedings. One of the guidelines laid down by the Apex Court is that normally this Court would not entertain an application for quashing the proceedings wherein an element of public law is involved. In the present case, perusal of the record would reveal that the proceedings came to be initiated against each other out of a dispute which is purely private and where no element of public law is involved. Another guideline laid down is that if there is no possibility of trial being culminated into conviction, this Court should exercise powers Under Section 482 of the Code of Criminal Procedure to give an end to the criminal proceedings. Since the parties have agreed to give an end to the dispute amongst themselves, there is not even a remote possibility of trial ending into conviction. We, therefore, find that it would be in the interest of justice to accept the settlement between the parties and to give an end to the criminal proceedings so that the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition is that a citizen may approach the court to ventilate the grievance of a person or class of persons who are unable to pursue their rights. Public interest litigation has been entertained by relaxing the Rules of standing. The essential aspect of the procedure is that the person who moves the court has no personal interest in the outcome of the proceedings apart from a general standing as a citizen before the court. This ensures the objectivity of those who pursue the grievance before the court. Environmental jurisprudence has developed around the rubric of public interest petitions. Environmental concerns affect the present generation and the future. Principles such as the polluter pays and the public trust doctrine have evolved during the adjudication of public interest petitions. Over time, public interest litigation has become a powerful instrument to preserve the Rule of law and to ensure the accountability of and transparency within structures of governance. Public interest litigation is in that sense a valuable instrument and jurisdictional tool to promote structural due process. 72. Yet over time, it has been realised that this jurisdiction is capable of being and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to devote its time and resources to cases which legitimately require attention. Worse still, such petitions pose a grave danger to the credibility of the judicial process. This has the propensity of endangering the credibility of other institutions and undermining public faith in democracy and the Rule of law. This will happen when the agency of the court is utilised to settle extra-judicial scores. Business rivalries have to be resolved in a competitive market for goods and services. Political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office. Courts resolve disputes about legal rights and entitlements. Courts protect the Rule of law. There is a danger that the judicial process will be reduced to a charade, if disputes beyond the ken of legal parameters occupy the judicial space. 74. The present case is indeed a case in point. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own colleagues. References are made to larger Benches when there are differences of view. Judges of the Supreme Court hear appeals arising from judgments rendered by judges of the High Courts in which they served, either as judges or on appointments as Chief Justices. Maintaining institutional civilities between or towards judges is distinct from the fiercely independent role of the judge as adjudicator. We emphatically clarify that on the well-settled parameters which hold the field, there is no reason for any member of the present Bench to recuse from the hearing. While it is simple for a judge faced with these kinds of wanton attacks to withdraw from a case, doing so would amount to an abdication of duty. There are higher values which guide our conduct. Though Mr. Bhushan ultimately made it clear that he is not filing an application for recusal - and none has been filed - we have recorded what transpired to express our sense of anguish at the manner in which these proceedings have been conducted. Serious attacks have been made on the credibility of two judges of the Bombay High Court. The conduct of the Petitioners and the intervenors scandalizes the process of the court and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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