Petition to Supreme Court Urging Verdict in Judge Loya Case

The following petition initiated by Prasenjit Bose appeals to the Supreme Court to reconsider the verdict in the case regarding Judge Loya’s death. Since the launch of the petition, over 527 persons have already signed it. A list of 40 prominent signatories is provided below. A hard copy of the petition along with the total list of signatories will be sent to the Supreme Court judges once we collect thousand plus signatures.  The petition can be signed here.

To
The Hon’ble Chief Justice

& His Companion Justices,

The Supreme Court of India

Most Respectfully Sheweth:

We the undersigned citizens of India are deeply anguished by the order passed by a three judge bench of the Supreme Court that there is no merit in the writ petitions seeking an Inquiry into the death of Justice Brijgopal Harkishan Loya on December 1, 2014 at Nagpur.

The three judge bench has concluded that the documentary material on the record indicates that the death of Judge Loya was due to natural causes and that there is no ground for reasonable suspicion about the cause or circumstances of death which would merit a further inquiry.

This conclusion is based on the statements made by four judicial officers, Judge Shrikant Kulkarni (Member Secretary, Maharasthra State Legal Service Authority), Judge SM Modak (Principal District Judge, Pune), Judge Vijay C Barde (District Judge, City Civil Court, Mumbai) and Judge RR Rathi (District Judge, Baramati) to the Commissioner of the Maharashtra State Intelligence Department.

We note with grave concern that these four judicial officers were neither asked to submit affidavits before the Supreme Court during the proceedings, nor were any cross examination of their testimonies permitted. While there is no reason to doubt the integrity of judicial officers in general, we do not understand why the judicial officers in this case are being accorded special privilege when they have become witnesses in an investigation into a possible crime.

The word of any witness should be cross-examined and verified following legal procedures, in order to establish its accuracy. The reason for the three judge bench of the Supreme Court to make exceptions in this case, just because the witnesses claiming to accompany Justice Loya at the time of his death are judicial officers, does not appear reasonable and fair.

We believe that the tragic death of Justice Loya and the apprehensions of foul play raised by members of his grief-stricken family have raised very serious questions regarding the independence of the Indian judiciary. Justice should not only be done in this case, but also seen to be done. We are sad to say that the three judge bench verdict does not satisfy people’s conscience.

We appeal to you, as the prime custodians of our Constitution and the rule of law, to reconsider the three judge bench judgement and order a Supreme Court monitored investigation into Judge Loya’s death. We seek the truth beyond reasonable doubt.

Signatories:

Name  Institution Email
Achin Chakraborty Director, IDSK achinchak@gmail.com
Albeena Shakil Faculty Member, JGLU albeenashakil@gmail.com
Amit Bhaduri Professor Emeritus, JNU amit.bhaduri@gmail.com
Amiya Bagchi Former Director, IDSK amiya.bagchi@gmail.com
Anand Teltumbde Writer and Civil Rights Activist dranandt@gmail.com
Ayesha Kidwai Professor, JNU ayesha.kidwai@gmail.com
Brij Tankha Professor (Retd.), Delhi University brijtankha@gmail.com
Debarshi Das Faculty Member, IIT, Guwahati daakghar201@yahoo.co.in
Dhananjay Tripathi Faculty Member, South Asia University dhananjayjnu@gmail.com
Fauzan Abrar Faculty Member, JNU fauzan311@gmail.com
Gouranga Dandapat Theatre Director gourangodandopat@gmail.com
Gouri Chatterjee Senior Journalist and Author di.gouri@gmail.com
Indranil Chowdhury Faculty Member, PGDAV College, DU chowdhury.indranil@gmail.com
Jayati Ghosh Professor, JNU jayatijnu@gmail.com
Kamal Kabra Professor, Institute of Social Sciences kamal.kabra@gmail.com
Kumar Rana Project Director, Pratichi Institute k.rana7@gmail.com
Madhu Bhaduri Former Diplomat madhu.bhaduri@gmail.com
Maidul Islam Faculty Member, CSSS maidul@cssscal.org
Nandini Sundar Professor, DSE nandinisundar@yahoo.com
Naveen Gaur Faculty Member, Dyal Singh College, DU gaur.nav@gmail.com
Nissim Mannathukkaren Faculty Member, Dalhousie University, Canada nmannathukkaren@hotmail.com
Paranjoy Guha Thakurta Senior Journalist and Author paranjoy@gmail.com
Parimal Maya Sudhakar Faculty Member, MIT School of Government, Pune parimal@mitsog.org
Pradeep Esteves Development Activist, Timbaktu Collective pradeepesteves@gmail.com
Rohit Azad Faculty Member, JNU rohit.jnu@gmail.com
Sanjaya Kumar Bohidar Faculty Member, SRCC, DU skbohidar@gmail.com
Saumyajit Bhattacharya Faculty Member, Kirorimal College, DU saumyajitb@gmail.com
Shamsul Islam Faculty Member (Retd.), Satyavati College, DU notoinjustice@gmail.com
Sheetanshu Kumar Faculty Member, Assam University sheetanshukumar@gmail.com
Shirshendu Mukherjee Management Consultant, London m.shirshendu@gmail.com
Sougata Kerr Senior Bank Executive, New Jersey sougatakerr@yahoo.com
Srinivasan Ramani Journalist srinivasan.vr@gmail.com
Subhanil Chowdhury Faculty Member, IDSK subhanilc@gmail.com
Sucharita Sen Professor, JNU sucharita@saciwaters.org
Sudipta Bandyopadhyay Faculty Member, University of Calcutta sudipta71@gmail.com
Sumit Sarkar Faculty Member, XLRI, Jamshedpur sumits@xlri.ac.in
Sunanda Sen Professor (Retd.), JNU sunanda.sen@gmail.com
Tripta Wahi Faculty Member (Retd.), Hindu College, DU triptawahi@gmail.com
Vijoo Krishnan Joint Secretary, All India Kisan Sabha vijoocpim@gmail.com
Zoya Hasan Professor, JNU zhasan2008@gmail.com

 

2 thoughts on “Petition to Supreme Court Urging Verdict in Judge Loya Case

  1. K SHESHU BABU

    There is a danger of the case being sidetracked and justice Loya death might not be probed in an impartial way. Hence, the case must be taken up on a priority basis by full bench

  2. s khan

    There is real danger to integrity of highest judiciary and it is evident from everything in this case !

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