As advocate Varinder Kumar Sharma initiated arguments briefly on behalf of the petitioner, Congress sympathiser and relative of Robert Vadra, Tehseen Poonawalla, the court said, "This matter requires bi-party hearing rather than exparte". The bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud will hear the case on Friday (January 12).
At the time of his death, Loya was presiding over the CBI court hearing the alleged Sohrabuddin Sheikh fake encounter case. BJP president Amit Shah and senior police officers, who were accused in the case, were subsequently discharged. He submitted that a fair probe was needed into the death. "If the court goes ahead with the hearing, it may have implications before the high court", the Hindu reported Dave as saying.
Loya died of a cardiac arrest in Nagpur on 1 December, 2014 where he had gone to attend the wedding of a colleague's daughter. In his plea, Poonawala contended that the circumstances around the death of the judge were questionable and mysterious.
Justice Loya's death in mysterious circumstances had become one of the most debated issues of the previous year, and it looks like the case has bled into the year as well.
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Senior advocate Indira Jaising, who was also present in the courtroom, said she also had instructions from Bombay Lawyers' Association to pray that this matter should not be heard by the top court. "This is a serious matter", the bench said.
Relying on a report in the Caravan Magazine, the lawyers' association moved the Bombay High Court contending that Loya was under tremendous pressure while he presided over the alleged Sohrabuddin Sheikh fake encounter case.
The Bombay Lawyers' Association had filed a similar petition in the Bombay High Court on January 8, appealing for an investigation into Justice Loya's death. The case was later transferred to the CBI and the trial was shifted to Mumbai.