Centre for Public Interest Litigation seeks intervention in Judge Loya case

Centre for Public Interest Litigation seeks intervention in Judge Loya case

Chandan Goswami

Centre for Public Interest Litigation has filed an intervention application in the Supreme Court in the case seeking probe into death of Judge Loya.

The case is being heard by a Bench headed by the Chief Justice Dipak Misra.

CPIL has placed reliance on the story published by the Caravan Magazine on February 11, 2018, which brought to light certain new facts based on the medical report by Dr. RK Sharma on Judge Loya’s death.

Sharma in his medical opinion had ruled out that Judge Loya died due to a heart attack. His opinion was based on the post-mortem report and the histopathology report of the deceased judge, which were sent for a chemical analysis to Dr. Sharma, who is a pioneer in the field of forensic science.

As per the report, Sharma ruled in favour of an assault on the brain or poisoning as possible causes of death of Judge Loya.

The applicant also berates Indian Express for publishing a news report (on November 27, 2017), “seemingly” at the instance of the Government, on the ECG report of the deceased judge in order to refute the story published by Caravan on November 20, 2017.

“This ECG report was seemingly placed with the Indian Express in order to show that an ECG was done at Dande Hospital, contrary to the claim made by Caravan’s first story.”

CPIL has further submitted that the copy of the ECG report was not included in the list of documents submitted before the Supreme Court by the State of Maharashtra and the same was obtained by CPIL by way of an RTI application.

Further, the application highlights certain irregularities in the post-death medical reports of the judge.

The intervenor has also submitted an expert opinion by a senior cardiologist Dr. Upendra Kaul on the ECG report of Judge Loya.

According to the opinion of Dr. Kaul, the ECG report does not contain any myocardial infarction (commonly known as heart attack). Further, as per the histopathology report, the heart tissue and heart muscles are normal.

It is the intervenor’s case that in consonance with the professional opinion of the doctors, the official version on the death of judge Loya stands destroyed.

Based on the finding and material submitted before the Court, CPIL has prayed for an independent court-monitored investigation into the death of judge Loya.

Read the intervention application below. 

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