Bombay Lawyers Association, one of the petitioners in the case relating to death of Judge Loya, has moved the Supreme Court seeking permission to cross-examine eleven persons connected to the controversy..In the interim application drawn by advocate Prakash Singh and settled by Senior Advocate Dushyant Dave, the petitioner has sought cross-examination, under Order XI of Supreme Court Rules 2013, of the following persons:.Mr. Sanjeev Barve, Director General/Commissioner, State Intelligence Department, MaharashtraDr. Prashant Bajrang Rathi, Resident of Sai Regency, Ravi Nagar, Nagpur,Mr. Niranjan Takle, Reporter of CARAVANShri. Srikant D Kulkarni, Member Secretary, Maharashtra State Legal Service AuthorityShri, S.M. Modak, Principal District Judge, PuneShri Vijay C. Barde, Addlitional Sessions Judge, City Civil and Sessions Court, Greater BombayDr. Pinak Gangadhar Rao, Dande, Ram Nagar, NagpurShri Anuj Brij Gopal Loya s/o Late Sh. B H LoyaSmt Sharmila Brij Gopal Loya w/o Late Sh. B H LoyaShri Hari Kishan Ramchandra Loya, f/o Late Sh. B H LoyaDr. Anuradha Balaprasad Biyani, sister of Late Sh. B H Loya.The petitioner has placed reliance on Constitution Bench decision of the Supreme Court in KK Kochunni v. State of Madras [1959 Supp (2) SCR 316] 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 petitioner has also criticised the stand taken by the State of Maharashtra in the matter citing the fact that it has relied on a report of Sanjay Barve, DG/Commissioner without having filed the same on affidavit..“..the State of Maharashtra have 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.”.The petitioner has also 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.”.The petitioner has also alleged that the State, which is currently being ruled by BJP, is acting in a partisan manner..“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.”.Further, it has also been contended that the statements recorded by the DG/Commissioner and enclosed to his report appear to have been obtained under duress and coercion..“Further the witnesses do not seem to be apparently telling the truth and their versions are contradictory to the evidence which has now emerged in public domain after independent investigations by journalists of various news organisations including the Caravan. In any case this Hon’ble Court is concerned with truth and truth cannot come to light in an ex parte manner in this fashion relying upon the Report prepared by the state.”.Based on the above, the petitioner has prayed that the eleven persons.“are offered for cross examination to the Petitioner Bombay Lawyers Association forthwith and that such examination may take place before the appropriate Registrar of this Hon’ble Court at an early date.”.Read the application below.
