Judge Loya case verdict: Dave’s 11 and court view

Dushyant Dave | File  

The Supreme Court on Thursday held that the request made by Loya PIL petitioners to cross-examine 11 persons, including judge B.H. Loya’s family, doctors and judicial officers, was based on a “mis-appreciation” of the law.

Senior advocate Dushyant Dave, for the petitioners, had asked the court’s permission to cross-examine those who gave statements in the ‘discreet enquiry’ conducted by the Maharashtra State Intelligence in 2017.

List of persons

His list of persons included Sajeev Barve, Director-General/Commissioner, State Intelligence Department, Maharashtra; Dr. Prashant Bajrang Rathi, Resident of Sai Regency, Ravi Nagar, Nagpur; Niranjan Takle, reporter of Caravan; the judges Srikant D. Kulkarni, S.M. Modak, Vijay C. Barde; Dr. Pinak Gangadhar Rao Dande, Ram Nagar, Nagpur; Anuj Brij Gopal Loya, son of Judge Loya; Sharmila Brij Gopal Loya, wife of Loya; Hari Kishan Ramchandra Loya, father of Loya and Dr. Anuradha Balaprasad Biyani, sister of Loya.

The Supreme Court rejected Mr. Dave’s request, saying “a party to a proceeding before this court — particularly a proceeding under Article 32 —cannot demand as of right the production of a person, who has filed an affidavit, for cross-examination.”

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Printable version | Jun 10, 2021 3:33:05 PM |

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