Former Chief Justice of Delhi High Court Justice Ajit Prakash Shah said on Wednesday that the Supreme Court verdict in Justice Loya case is utterly wrong and jurisprudentially incorrect.
Shah was speaking during the launch of Arun Shourie’s book “Anita Gets Bail’, also told the judiciary is going through ‘an extremely volatile phase, and one that he hasn’t seen in some years’.
Former Chief Justice of India RM Lodha and Senior Advocate Fali Nariman too were present at the event.
Speaking about Justice Loya’s case, Justice Shah said, “In my view, the judgment in Loya case is utterly wrong and jurisprudentially wrong on many counts. Much of the judgment is spent attacking the motivations of petitioners who bring forward Public Interest Litigations, particularly politically- motivated PILs.”
“The court called it a veiled attempt on the independence of the judiciary. But how did they come to this conclusion – all that the Bombay High Court petitioners asked for was that the death of a judge should be inquired into? How does this become an attack on the judiciary?” he added.
The Supreme Court last week dismissed a batch of petitions seeking an independent probe into the death of CBI judge B H Loya adding that Loya died due to cardiac arrest in Nagpur on December 1, 2014, attending the wedding of a colleague’s daughter.
A bench comprising Chief Justice Dipak Mishra, Justice A M Khanwilkar and DY Chandrachud had given the verdict.
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