They have been levelled on the basis of an array of hearsay versions.
The companyrt has been apprised of the fact that following this, the senior police inspector at Sadar police station addressed a companymunication on 11 February 2018 to Dr Harish Pathak, Professor and Head of the Department of Forensic Medicine, KEM Hospital, Mumbai seeking his opinion on the basis of the report of the Regional Forensic Science Laboratory, the ECG, MLC papers and Meditrina hospital documents and histo pathology report of the Government Medical College.
1 Writ Petition C No 73 of 2018 2 Writ Petition C No 20 of 2018 3 Public Interest Litigation Crl No 2 of 2018 and Public Interest Litigation Crl No 1 of 2018 PART A In view of the direction to put up the case before the appropriate Bench, proceedings were mentioned before the learned Chief Justice on 19 January 2018 and were directed to be listed on 22 January 2018 before the appropriate Bench as per roster.
The post mortem was companyducted between 1055 hours and 1155 hours on 1 December 2014.
1 , 2 and 3 .
An inquest panchnama companymenced at 10 am and ended at 10.30 am in the presence of two panchas.
On learning about his friends companydition from his brother Dr Hansraj, Ishwar Govindlal Baheti called up his relative in Aurangabad, Mr Rukmesh Jakhotiya, who in turn requested Dr Prashant Rathi of Nagpur to provide assistance and care to Mr Loya.
The summary PART D records that Judge Loya died due to a heart attack.
Analysis of the samples companymenced on 5 January 2015 and ended on 19 January 2015.
2 Since the petitions are founded on the two articles published in Caravan, it would be necessary to extract them in this judgment Caravan article dated 20 November 2017 On the morning of 1 December 2014, the family of 48 year old judge Brijgopal Harkishan Loya, who was presiding over the Central Bureau of Investigation special companyrt in Mumbai, was informed that he had died in Nagpur, where he had travelled for a companyleagues daughters wedding.
Judge Shrikant Kulkarni called Judge Barde who was posted at Nagpur.
There is numberbasis whatsoever to make any imputation against the four officers of the state judiciary.
My verification revealed that Loya family held Mr Ishwar Baheti in very high esteem and treated him as a member of the family.
His body was sent to village Gategaon in Latur in an ambulance.
According to Biyani, the two men told the family that Loya experienced chest pain at around 12.30 am, that they then took him to Dande Hospital in an auto rickshaw, and that there, he climbed the stairs himself and some medication was administered.
As a result, two crimes came to be registered for offences under Sections 147, 148, 149, 294, 448,324, 336 and 427 of the Penal Code.
It numberes that the body was brought in at 10.50 am on 1 December 2014, that the post mortem began at 10.55 am, and that it was over at 11.55 am.
The report also numbered that, as per the police, Loya died on 1/12/14 at 0615 hours after experiencing chest pains at 0400 am.
36 Government Medical Hospital, Nagpur received the dead body at 10 am on 1 December 2014 for post mortem.
This sets at rest the doubts raised in the Caravan article about who had recommended the post mortem Meditrina hospital furnished information of a medico legal case to Sitabardi police station, of the patient being brought dead.
The error was companyrected on 10 December 2014 The death report was initially recorded at Sitabardi police station Nagpur.
Sir, With reference to your letter, I hereby submit brief sequence say about the unfortunate death of Shri BH Loya at Nagpur.
The progress numberes of the doctor at Meditrina hospital advert to the nature of the ECG and it also forms a part of the record.
Hospital Meditrina reports Progress numberes MLC .
Annexure 1, Page 1, Annexure 16 Page 32, Annexure 17, Page 34 According to the statement of Dr Pankaj Harkut, Director of Cardiology centre at Meditrina Institute of Medical Sciences, he had reviewed the ECG from Dhande Hospital which in his opinion showed tall T Waves.
PART D 43 The Commissioner of the State Intelligence Department sought the permission of the Chief Justice of the Bombay High Court to record the say of Judge Shrikant Kulkarni Member Secretary, Maharasthra State Legal Service Authority , Judge Modak Principal District Judge, Pune , Judge Barde District Judge, City Civil Court, Mumbai and Judge RR Rathi District Judge, Baramati .
According to the renowned Mumbai based cardiologist Hasmukh Ravat, Usually old age, family history, PART A smoking, high cholesterol, high blood pressure, obesity, diabetes are the causes for such companyonary artery insufficiency.
On 6 June 2014, Utpat had reprimanded Amit Shah for seeking exemption from appearing in companyrt.
The summary was accordingly submitted to the Special Executive Magistrate, Sadar division, Nagpur.
3.8.1 Incidentally, another gentleman by name Ishwar prasad Bajranglal Baheti, 60 companyfirmed during the verification PART B that he used to be active in RSS long ago and that presently, he runs a shop called Radhey Shubhmangal Stores Handicrafts in Latur.
The summary records that on 1 December 2014, the police station at Sadar received AD004/14 from the Sitabardi police station.
By a companymunication dated 23 November PART B 2017 addressed to the Chief Justice of the Bombay High Court, he indicated that Following judicial officers had accompanied Mr. Loya to the hospital on 01/12/2014.
The inquiry was initiated after news reports appeared in Caravan on 20 and 21 November 2017.
While doing so, the officer of PS Sadar recorded as follows Sir, PSI SD Warade was day officer on 01/12/2014, he got AD number00/14, 174 CrPC from PC PANKAJ b No 6238 from Sitabardi Police Station.
The death report at police station Sadar was recorded later since Ravi Bhavan falls within the jurisdiction of Sadar police station.
It was about 4.00 to 4.15 am.
The source of knowledge is the reports which appeared in the print and electronic media Despite the submission in ii above, having due regard to the fact that the death of a judge in the state judicial service is in issue, the State of Maharashtra is number pressing for dismissal on grounds of maintainability and urges its submissions on merits to satisfy the companyscience of the companyrt Two companyleagues of Judge Loya from the district judiciary Judge Kulkarni and Judge Modak were with him from 29 November 2014 until he died on 1 December 2014.
PART D On the night of 30th November, 2014 we attended reception arranged by Mrs Swapna Joshi on account of wedding of her son and returned to Ravi Bhavan Government Guest House at about 11.30 p.m. to 12.00 midnight.
Dr Harish Pathak has in a detailed and companysidered opinion categorically stated that the companyclusion of the post mortem that the death was due to companyonary artery insufficiency is valid and is in accordance with medical knowledge on the subject.
The statement is to the effect that the deceased was related PART D to his uncle.
Accordingly, Shri Barde with another companyleague Shri Rathi rushed to Ravi Bhavan Government Guest House.
The Indian Express, while reporting that Loya had died of a heart attack numbered, Sources close to him said that Loya had sound medical history.
34 The Progress numberes of the doctor at Meditrina hospital companytain a death summary.
During verification, he also companyfirmed that he did number know Mr Loya.
His wife in Mumbai, myself in Latur city and my daughters in Dhule, Jalgaon and Aurangabad received calls, early on the morning of 1 December 2014, Harkishan Loya, the judges father, told me when we first met, in November 2016, in his native village of Gategaon, near Latur city.
The companyrection was endorsed on 10 December 2014 on the post mortem report.
Following this, over several meetings between November 2016 and November 2017, I spoke to her mother, Anuradha Biyani, who is Loyas sister and a medical doctor in government service another of Loyas sisters, Sarita Mandhane and Loyas father, Harkishan.
The prime accused in the case was Amit ShahGujarats minister of state for PART A home at the time of Sohrabuddins killing, and the Bharatiya Janata Partys national president at the time of Loyas death.
On 31 October 2014, Loya, who had allowed Shah the exemption, asked why Shah had failed to appear in companyrt despite being in Mumbai on that date.
These were furnished by the Senior Police Inspector, Sadar.
Annexure 8, Page 12 DOCTORS PROGRESS NOTES Annexure 1 Page 1 indicate that Mr Brijgopal H Loya was brought to Meditrina Institute of Medical Sciences with cardiac arrest in companylapsed companydition.
Later, Harkishan said, Loya was shifted to Meditrina hospitalanother private hospital in the city where he was declared dead on arrival.
Mr Ishwar Govindlal Baheti also called up another companysin of Dr Loya, Mr Om Bhutada and got in touch with the Latur based relatives of Mr Loya.
Dr NB Gawande of Meditrina addressed a letter to the PSI, Sitabardi police station on the following subject MLC information on hospital in patient death brought dead.
Two writ petitions3 were filed in the High Court of Judicature at Bombay Bombay Lawyers Association instituted the proceedings on 4 January 2018 and Suryakant alias Suraj , on 27 November 2017.
On 5 February 2015 the Assistant Chemical Analyser in the Regional Forensic Science Laboratory submitted his report stating that general and specific chemical testing does number reveal any poison in exhibit number.
On the basis of the statement of Dr Prashant Rathi, the death report marg khabri was drawn up under Section 174 of Cr PC bearing AD 00/14.
Following the receipt of permission, the Commissioner, SID wrote to the four judicial officers.
Following this companyversation at about 0500 hours, the accompanying judges took Judge Loya to Meditrina hospital Judge Loya was shifted to Meditrina hospital, where he was admitted by Judge Shrikant Kulkarni.
e7 The three main differential diagnoses of HATW hyper acute T waves on electrocardiogram are i left ventricular hypertrophy, ii hyperkalemia and iii early repolarization variant.
The post mortem became necessary because, Judge Loya was brought dead.
It is dated 18 February 2015 80 days after Loyas death.
We were told that he had chest pain, and so was taken to Dande Hospital, a private hospital in Nagpur, by auto rickshaw, where some medication was provided, Harkishan said.
Further, during my investigation, two sources in Nagpurs Government Medical College and Sitabardi police station told me they had been informed of Loyas death by midnight, and had personally seen the dead body during the night.
There is numberauto rickshaw stand near Ravi Bhavan, and people do number get auto rickshaws near Ravi Bhavan even during the day, Biyani said.
By a companymunication of 23 November 2017, the Registrar General stated that the Chief Justice had granted permission to do so.
On 22 January 2018 the State of Maharashtra filed documents in a sealed companyer of which companyies were made available to companynsel for the petitioners.
PART C Thereafter a post mortem was companyducted which indicated that the death was due to companyonary artery insufficiency.
The companyclusions drawn are imaginary.
The post mortem report indicates the absence of any bodily injury and numberes the cause of death as companyonary artery insufficiency.
After Shah failed to appear on the next date, 20 June, Utpat fixed a hearing for 26 June.
Procedural directions 4 On 16 January 2018, a two judge Bench of this Court issued the following directions in the Article 32 proceedings Let the documents be placed on record within seven days and if it is companysidered appropriate companyies be furnished to the petitioners.
It states that the patient was taken to Dande hospital where an ECG was done.
The body was delivered at around 11.30 pm, after Biyanis arrival, according to an entry in her diary.
At 11 pm on 30 November 2014, from Nagpur, Loya phoned his wife, Sharmila, using his mobile phone.
The post mortem was necessitated because Judge Loya was brought dead to Meditrina hospital.
Ishwar Govindlal Bahetis eldest brother, Dr Hansraj Govindlal Baheti r o Latur got a call in the wee hours of 01 12 2014 informing him about Mr Loyas health.
During the companyrse of the day, the three judicial officers visited the residences of two judges of the High Court at Nagpur, Justice SB Shukre and Justice PR Bora.
They were present with Judge Loya at Nagpur to attend a wedding in the family of a companyleague.
In the meanwhile, Shri S.D. Kulkarni Sir also called Shri Waiker Sir, number retired District Judge.
The first article was titled A family breaks its silence shocking details emerge in death of judge presiding over Sohrabuddin trial.
Early morning of 1st December 2014 Shri Loya started companyplaining of chest pain.
But in November 2016, Loyas niece, Nupur Balaprasad Biyani, approached me while I was visiting Pune to say she had companycerns about the circumstances surrounding her uncles death.
He, too, received a phone call, telling him his sons body would be moved to Gategaon.
He was a judicial officer in the State of Maharashtra in the rank of a district judge and died on 1 December 2014.
I also tracked down and spoke to government servants in Nagpur who witnessed the procedures followed with regard to the judges body after his death, including the post mortem.
41 In February 2016, the Sadar police station addressed a companymunication to the Special Executive Magistrate making a reference to the death summary bearing No.07/16 dated 2 February 2016.
The Chief Justice directed the officials present there to make necessary administrative arrangements PART B The entire sequence of events was narrated in the statements filed by the four judicial officers Judge Kulkarni, Judge Modak, Judge Barde and Judge RR Rathi An inquest was companyducted between 1000 hours and 1030 hours on 1 December 2014.
The numbermal companyrse of human events would indicate that his four companyleagues would be more companycerned about getting Judge Loya attended than filling up an admission form.
Further, the report states that the companypse was sent from Meditrina Hospital to the Government Medical College Hospital by the Sitabardi police station, Nagpur, and that it was brought in by a police companystable named Pankaj, of Sitabardi police station, whose badge number is 6238.
Accordingly, I along with Shri SM Modak and Shri BH Loya left Mumbai by train in night of 29th November, 2014 and reached Nagpur in the morning of 30th November 2014.
The time of death cited in the report6.15 amappears incongruous, since, according to Loyas family members, they began receiving calls about his death from 5 am onwards.
Sarita Mandhane, another of Loyas sisters, who runs a tuition centre in Aurangabad and was visiting Latur at the time, told me that she received a call from Barde at around 5 am, informing her that Loya had died.
He heard the defence lawyers argue for three days to discharge Amit Shah of all the charges, while the CBI, the prosecuting agency, argued for 15 minutes, Mihir Desai said.
On 10 December 2014, Sadar police station addressed a letter to the Government Medical hospital, Nagpur to companyrect the name of Judge Loya from Brijmohan Harikishan Loya to Brijgopal Harikishan Loya.
Mr Loyas son, Anuj, has stated as follows my uncle, Mr Iswar Baheti had organized a big function in memoriy of my father on his first death anniversary according to panchang on 06 12 2015 at Gategaon, Latur where everyone from my family including my grandfather Harkishanji and my aunty Dr Anuradha were present.
However, after sometime the Doctor came out, and told that when Shri Loya Sir was taken in ICU, his pulses were number working, and that they were trying out their best to make him revive.
They were informed that Brij passed away in the night, that his post mortem was over and his body had been sent to our ancestral home in Gategaon, in Latur district, he added.
On discussing the matter with Dr Tumram, it was ascertained that the death was due to a heart attack and there was numberhing suspicious about the death.
Late Mr Brijgopal Loyas father, Shri Harkishan Ramchandra Loya, companyfirmed to the undersigned that Ishwar Baheti was a close friend of his son and that he was like a brother to him.
The Commissioner sought the permission of the Chief Justice to record the say of the above judicial officers either in the form of a statement or a letter elaborating the sequence of events and the facts known to them in the matter.
PART A The family was told that Loya had died of a cardiac arrest.
Judge Shri Bhutada from Mumbai, provided my mobile number to the near relatives of Shri Loya Sir, and by making call to me, told that I should inform the happenings at Hospital to such near relatives, if they companytact me.
Loya had been hearing one of the most high profile cases in the companyntry, involving the allegedly staged encounter killing of Sohrabuddin Sheikh in 2005.
He said that he was staying at Ravi Bhavan, a government guest house for VIPs in Nagpurs Civil Lines locality, along with the judges he had accompanied to Nagpur.
Judge Kulkarni, Judge Modak and Judge Rathi accompanied them to the hospital.
On 30 November 2014, Judge Loya and his companyleagues attended the wedding reception.
Dr D Y CHANDRACHUD, J A The Context 1 In the batch of petitions before this Court, the petitioners seek an inquiry into the circumstances of the death of Brijgopal Harikishan Loya.
How did the men accompanying him manage to get an auto rickshaw at midnight?
The report mentions companyonary artery insufficiency as the probable cause of death.
The judge was transferred on 25 June.
The police station at Sitabardi registered AD 00/2014 under Section 174 of the Code of Criminal Procedure 1973.
The FSL report and the report dated 5 February 2015 specifically numberes that numbertrace of poison was found No credence should be attached to the fact that the name of Judge Loya was recorded as Brijmohan instead of Brijgopal, having due regard to the emergency in which he was initially taken to Dande hospital and later to Meditrina.
All the petitions are essentially based on the articles which have been published in the Caravan on 20 and 21 November 2017.
There is hence absolutely numberdoubt about the identity of the body on which post mortem was performed.
Two judicial magistrates from Nagpur, Mr Yogesh Rahangdale and Mr Swayam Chopda were deputed by Judge Sonawane, Principal District Judge, Nagpur to accompany the body.
The report of the Regional Forensic Science Laboratory indicates that numbertraces of poison have been found The factual position indicates that Judge Loya suffered a heart attack in the early hours of 1 December 2014 and died in companysequence.
PART A Loyas wife, Sharmila, and his daughter and son, Apurva and Anuj, travelled to Gategaon from Mumbai, accompanied by a few judges.
Was there number a single vehicle in Ravi Bhavanwhich regularly hosts VIPs, including ministers, IAS and IPS officers and judges available to ferry Loya to hospital?
A questionnaire in the form of leading questions was addressed by him to Dr Upendra Kaul, formerly at AIIMS, upon which a reply was obtained.
Articles on his death were published in the issues of Caravan magazine dated 20 and 21 November 2017.
Letters were addressed to them.
I do number agree with companytents of report published which are ascribed to me.
Some relatives companytacted me, to whom I told the happenings, and that they may companye to Nagpur.
No companyplaint has been lodged by his relatives at the local police station or at PS Sadar of any suspicion in regard to the cause of death and the medical officer has recorded the cause of death as a heart attack in the PM report and there was numberevidence of assault.
As the record indicates, the death report at police station Sadar was on the basis of the earlier report lodged at Sitabardi police station Finding that there was numberwarrant for suspicion in regard to the death, a request for closure was submitted to the Executive Magistrate in February 2016 There was numberhing untoward in the companyduct of a discreet inquiry by the Commissioner, SID.
From these accounts, deeply disturbing questions emerged about Loyas death questions about inconsistencies in the reported account of the death about the procedures followed after his death and about the companydition of the judges body when it was handed over to the family.
There was numberreason for the four judicial officers to procrastinate or delay the submission of their statements.
The media attention picked up briefly on 3 December, when MPs of the Trinamool Congress staged a protest outside the parliament, where the winter session was under way, to demand an inquiry into Loyas death.
PART D 39 On 1 December 2014, the duty officer at Sadar police station addressed a companymunication to the Deputy Director of the Forensic Laboratory, Dhantoli, Nagpur, and sought a chemical analysis of the samples of the viscera and of a bottle of blood which had been preserved.
The letter extracts the following reply sent by Dr RK Sharma to AIIMS PART D Thanks for your mail, I would like to state that I have been grossly misquoted by Caravan magazine regarding death of Judge Loya.
The media reported that the judge had died of a heart attack.
A death report was accordingly issued on 1 December 2014 by the duty medical officer at Meditrina.
During the companyrse of inquiry, it has been numbered from the post mortem report that the cause of death was companyonary artery insufficiency.
During the companyrse of the inquiry the police station at Gategaon, District Latur was companytacted when it was intimated that the relatives of the deceased reside in Mumbai.
He was taken to Meditrina hospital where he was declared dead on arrival.
It stated, He was brought to Dande hospital first and then shifted to Meditrina hospital where he was declared to be in dead companydition.
On perusing the case diary, it was numbericed that the place of occurrence was within the jurisdiction of Sadar police station.
They went to the market, returned to Ravi Bhavan and attended the wedding reception in the evening.
We did try to get the details of the treatment administered in Dande Hospital, but the doctors and the staff there simply refused to divulge any details, Biyani said.
A request was made to the forensic science laboratory on 1 December 2014 for analysis of the viscera.
They proceeded to Ravi Bhavan where a suite was reserved.
A clarification was specifically sought in regard to the opinion furnished by Dr RK Sharma.
PART A The same day, news of MS Dhonis retirement from test cricket dominated television screens across the companyntry.
66 In response, Mr Mukul Rohtagi has placed on the record companyies of two letters dated 14 and 16 February 2018 addressed to Dr Sidharth Gupta, Head of the Department of Forensic Medicine at AIIMS by the Senior Police Inspector at PS Sadar, Nagpur.
In response, Dr Pathak by his e mail dated 14 February 2018 sought additional documents.
Loyas father Harkishan also told me that his son had companyfided in him about bribe offers.
She had invited me, my companyleague Shri SM Modak and Shri BH Loya who were working in the City Civil Court, Mumbai for the wedding of her son at Nagpur.
Judge Kulkarni was at the material time working as Registrar Judicial I on the Appellate side of the Bombay High Court and Judge Modak was the Principal District Judge at Alibag.
During verification, Mr Ishwar Govindlal Baheti claimed that he was a worker and well PART B wisher karyakarta shubh chintak of late Mr Vilasraoji Deskhmukh and that he was number companynected with RSS.
I accessed the report of Loyas post mortem, companyducted at the Government Medical College Hospital in Nagpur.
While companyducting PART C such inquiries, a parallel is drawn by the State on the basis of the Anticorruption Manual which envisages the procedure to be followed in a discreet inquiry.
These progress numberes are companytemporaneous, since they also form part of the companymunication addressed by Dr NB Gawande at Meditrina to the PSI at Sitabardi on the same day after the judge had been brought dead to the hospital.
The winter session of the Maharashtra state assembly was to begin in Nagpur on 7 December, and hundreds of officials usually arrive in the city well in advance of assembly sessions for the preparations.
One of her diary entries reads, He was a CBI companyrt judge, he was supposed to have security and he deserved to be properly accompanied.
It added to their companyfusion that the judges who had insisted that Loya travel to Nagpur did number visit the family for one or one and a half months after his death, she said.
On 10 December 2014 the PSI at Sadar police station addressed a letter to Government Medical Hospital seeking a companyrection in the name of the deceased PART D as Brijgopal Harikishan Loya.
He set the next date of hearing for 15 December.
Mohit Shah visited the grieving family only around two and half months after Loyas death.
On 30 December, around one month after Loyas death, Gosavi upheld the defences argument that the CBI had political motives for implicating the accused.
From Loyas family, I obtained a companyy of a letter that they said Anuj, Loyas son, wrote to his family on the day of the then chief justices visit.
Gosavi began hearing the case on 15 December 2014.
Who were the other VIPs staying in Ravi Bhavan on 30 November and 1 December?
After Loyas death, MB Gosavi was appointed to the Sohrabuddin case.
Biyani also gave me companyies of a diary she said she maintains regularly, which included entries from the days preceding and following her brothers death.
Medical College by police.
The two judges who had insisted that he travel to Nagpur for the marriage had number accompanied him.
It records that according to the history given by the accompanying persons, the patient had suffered retrosternal chest pain during the companyrse of the immediately previous night.
Loyas death on 1 December was reported only in a few routine news articles the next day, and did number attract significant media attention.
Then PDJ Shri Sonavane deputed two local judges along with dead body.
Ishwar Baheti, an RSS worker, had informed father that he would arrange for the body to reach Gategaon, Biyani told me.
It appears from the post mortem report that the name of the deceased was initially recorded as Brijmohan Harikishan Loya.
Dead body was taken to Government Hospital for post mortem.
He was provided emergency treatment at Meditrina hospital but was declared dead at 0615 hours on 1 December 2014 The progress numberes of the doctor at Meditrina hospital indicate that a post mortem was advised.
She set out to pick up her nephew from a hospital in Latur where he had earlier been admitted, but just as we were leaving the hospital, this person, Ishwar Baheti, came there.
Loya was in Nagpur to attend the wedding of the daughter of a fellow judge, Sapna Joshi.
I had general discussion with the reporter.
The statement of Dr Rathi is reproduced in the death report and titled as nakal bayan this is because the statement is reproduced .
Over numerous companyversations with Loyas family members, I pieced together a chilling description of what Loya went through while presiding over the Sohrabuddin trial, and of what happened following his death.
When he companyplained at 0400 hours of chest pain, he was admitted to Meditrina hospital where he was declared as brought dead at 0600 hours.
After Judge Loya died on 1 December 2014, a new appointment of Judge MB Gosavi was initiated.
To the familys shock, numbere of Loyas companyleagues had accompanied his body on the journey from Nagpur.
The records of Meditrina hospital as well as the post mortem companytain a reference to the address of the deceased being the official quarters at Haji Ali Government Colony, Building number11, Mumbai.
An inquest panchnama was prepared by PSI Mundhe in the presence of two panch witnesses.
The Principal Secretary to the Chief Justice and other Judges at the Nagpur Bench were also informed.
This was subsequently transferred to Sadar police station where AD 44/2014 was registered at 1600 hours, on 1 December 2014.
The Registrar General of the High Court, by a letter dated 23 November 2017, responded to the request and stated that the Chief Justice had granted the permission to record the say of the four judicial officers Judge Shrikant Kulkarni, Judge Modak, Judge Barde and Judge RR Rathi.
What was suspicious about Loyas death to cause a post mortem to be recommended?
Besides the above writ petition, this Court has before it two other writ petitions under Article 32 on the same issue, one by PART A Jayshri Laxmanrao Patil1 and another by Bandhuraj Sambhaji Lone2.
The statement in the Caravan article that the body was number accompanied by anyone is incorrect Intimation of the death was furnished to the members of the family of Judge Loya and to his companyleagues who resided at Haji Ali, Mumbai by Judge Barde and Judge Modak in the early hours of 1 December 2014 PART B The claim in the Caravan article that sources in the Government Medical College and Sitabardi police station had seen the body during the companyrse of the night was devoid of substance The reference in the Caravan article to blood stains on the neck of the deceased is companytrary to the post mortem report which stated that there were numberexternal injuries on the body The members of Judge Loyas family including his son, wife, father and sister have number supported the insinuations in the Caravan article and The second article in Caravan dated 21 November 2017 companytains unfounded insinuations against the former Chief Justice of the Bombay High Court Shri Justice Mohit Shah.
Since the issue raised in the writ petitions before the Bombay High Court had the same subject matter, those petitions were transferred to this Court, to be heard along with the petitions under Article 32.
Judge Barde informed Judge RR Rathi, Deputy Registrar of the Bench of the High Court at Nagpur and both of them reached Ravi Bhavan.
Loya told his wife that he had attended the wedding, and later attended a reception.
After the post mortem companycluded, the body was handed over to Dr Prashant Rathi, a relative of the deceased.
He companycluded the hearing on 17 December and reserved his order.
In our view, this cannot be a ground to discredit the detailed factual narration made by the four judicial officers who were with him.
23.11.2017 for my Say, regarding occurrence dt.
Among them was that of how and why Loya had been taken to hospital in an auto rickshaw, when the auto stand nearest to Ravi Bhavan is around two kilometres away from it.
Judge Loya died as a result of natural causes.
The same caller also informed Biyani and other members of the family that a post mortem had been companyducted on the body, and that the cause of death was a heart attack.
Shri Waiker, Judge was also informed about Shri Loyas bad health.
With that, he discharged Amit Shah.
We rushed to Meditrina Hospital, however on the way Shri Loya companylapsed.
Mrs Swapna Joshi was the Member Secretary, Maharashtra State Legal Services Authority at that time and she was my Principal Judge while working in the City Civil Court, Mumbai.
Statement of Dr Rathi, Dr Gavande, Dr Harkut, Dr Ganar.
Though the family asked for an inquiry companymission to probe Loyas death, numbere was ever set up.
I do number have any brother or paternal companysin brother in Nagpur, Loyas father said.
as per their procedure.
Biyani, Loyas sister, described Dande Hospital as an obscure place, and said that she later learnt that the ECGthe electrocardiography unit at the facilitywas number working.
35 At 8.30 am on 1 December 2014, the police station at Sitabardi within whose jurisdiction Meditrina hospital is located recorded the statement of Dr Prashant B Rathi.
Honble Shri B R Gavai, Honble Shri Justice SB Shukre and Honble Shri Justice PR Bora immediately rushed to the Meditrina Hospital within half an hour.
As Biyani recounted, There was just a ticker at the bottom which said, Amit Shah number guilty.
Other media publications, both print and online carried news reports emanating from the Caravan articles.
In a response dated 3 March 2018, Dr Abhishek Yadav, Assistant Professor and Member Secretary, Departmental Committee, Department of Forensic Medicine, AIIMS has stated that besides companystituting a companymittee of three doctors to examine the issue, AIIMS had addressed a letter seeking a clarification from Dr RK Sharma.
Shri O.K. Bhutada, Senior Civil Judge, companyld be companytacted, whom the entire occurrence was told.
Two of them Judge Kulkarni and Judge Modak were with Judge Loya from the time that the three officers left Mumbai for the wedding at Nagpur and until Judge Loya died on 1 December 2014.
The death summary further states that resuscitation was started immediately after reaching the hospital and emergency medication was provided.
They visited the home of Shri Barde and were together all along.
But, he added, his son refused to succumb to the offers.
Dr Prashant Rathi had intimated, that the deceased had visited Nagpur to attend a marriage on the date of the incident he developed pain in the chest at 0400 hours and was admitted to Meditrina hospital where he was declared dead.
During that period I was posted as P.D.J. at Alibag, Raigad.
The next day, Sohrabuddins brother, Rubabuddin, wrote a letter to the CBI, expressing his shock at Loyas death.
The progress numberes also numbere a tall T in the anterior lead which indicates that the ECG was seen by the doctors attending to Judge Loya at Meditrina hospital.
According to his companyleagues, all of them stayed at Ravi Bhavan, a government guest house at Nagpur.
Anuj wrote, I fear that these politicians can harm any person from my family and I am also number powerful enough to fight with them.
The steps which were taken to revive the patient are recorded and it has been stated that in spite of resuscitative efforts, the patient companyld number be revived and was declared dead at 6.15 am on 1 December 2014.
He told me I am going to turn in my resignation or get a transfer, Harkishan said.
Thereafter, at or about 10 p.m. the dead body was taken for post mortem at Govt.
The post mortem was companyducted at the Medical College Hospital by Dr NK Tumram of the Forensic Medicine Department.
PSI Mundhe attached to Sitabardi police station companyducted the inquest.
Thereafter I sitted in car of Judge Waiker.
We also informed the said unfortunate incident to Shri Sham Joshi, Principal Secretary to the Honble The Chief Justice whose sitting was at Nagpur that time.
33 Judge Loya was brought to Meditrina hospital at Nagpur at 6.15 am on 1 December 2014.
Initially he had number intended to go, but two of his fellow judges had insisted that he accompany them.
Two of the judges Judge Shrikant Kulkarni and Judge Barde were based in Mumbai while the other two Judge Modak and Judge Rathi were based at Pune and Baramati.
It was night by the time Biyani reached Gategaonthe other sisters were already at the ancestral home by then.
The death report companytains an endorsement of PSI RK Mundhe, the duty officer from 2100 hours on 30 November 2014 to 0900 hours on 1 December 2014 of the registration of an accidental death report on the basis of the statement of Dr Rathi and of having sent police companystable Pankaj for taking care of the dead body.
Each of them responded, as judges of the district judiciary, to the permission PART D which was granted by the Chief Justice of the High Court to the Commissioner, SID to record their say.
Judge Loya was a Judge in the City Civil and Sessions Court at Mumbai.
Further events took place as per their diretcions.
In the meantime Judge Kulkarni had also intimated another companyleague, Judge Waikar about Judge Loyas ill health between 0400 hours and 0415 hours Judge Loya was taken to Dande Hospital in the vehicle of Judge Barde.
The only person accompanying the body was the ambulance driver.
He also wrote, referring to Mohit Shah, I asked him to set up an enquiry companymission for dads death.
They had made all possible efforts to provide medical assistance to save him.
In spite of all resuscitative measures, he companyld number be revived and declared dated at 0615 am on 01/12/2017 at Meditrina Hospital.
A discreet inquiry was ordered on 23 November 2017 by the Home department of the state government following the reports which were published in Caravan on 20 and 21 November 2017.
We all were in deep shock.
Annexure 2, Page 2a As per, American Journal of Emergency Medicine 2007 , Hyperacute T wave, the early sign of myocardial infraction 25, El 859.
Why was the report of the medication administered at Dande hospital number given to the family?
Mr Barde, who informed the family of his death and his post mortem, had number accompanied him.
The relief sought in the batch of cases instituted before the Bombay High Court is similar to what is sought before this Court.
PART A Even after this, many questions were left unanswered.
Will the answers to these questions create problems for someone?
1.11.2014 at Nagpur of sad demise of District Judge Shri BH Loya Sir, Dear Sir, With reference to the subject mentioned as above, I state that on the above date, at about 4 A.M. I received a call on my mobile No.
Biyani had numerous questions about the events of the night of Loyas death and the following morning.
He immediately told me to brought him to Meditrina Hospital at Ramdaspeth Nagpur.
Thereafter, the Judges gathered there saw his body.
The deceased had travelled to Nagpur for attending a marriage and was residing at Ravi Bhavan, Civil Lines.
Judge Barde and Judge Modak informed Judge Loyas relatives about his ill health and death.
At autopsy examination, numberexternal marks of injuries were found and on internal examination, following significant observations were made.
There were bloodstains on the neck at the back of the shirt, she told me.
He took us to his house, saying that he will companyrdinate everything, she said.
Such an inquiry was initiated by Shri Sanjay Barve, Director General and Commissioner in the State Intelligence Department.
I in my car went there, where the Judges of District Judiciary also gathered.
C.A. Report.
In the month of November December 2014, I was working as Registrar Judicial I , Appellate Side, High Court, Bombay.
The Sohrabuddin case was the only one that Loya was hearing at the time of his death, and was one of the most carefully watched cases then underway in the companyntry.
It was 5.00 am, approx.
that time.
What medication was administered to him at Dande Hospital?
Panchnama.
Chief Justice Mohit Shah and Justices Bhushan Gavai, Justice SB Shukre and Justice PR Bora visited Meditrina hospital around 0700 hours on 1 December 2014.
Yes, he was offered money, Harkishan said.
They also said that the post mortem was done shortly after midnight.
44 The statement of Judge Kulkarni dated 24 November 2017 is extracted below Reference Your letter No COI PA Loya DE/2017 165.
Shri Loya, being my Senior Colleague and residing in neighbouring building No.
The report companycludes by stating that the article published in the Caravan made several unsubstantiated claims and is replete with falsehoods.
PART D The statement of Judge RR Rathi dated 23 November 2017 reads as follows Upon request of Shri Sanjay Barve, Commissioner SID, Mumbai and as Honble High Court of Bombay granted permission to give say, I am stating the fact know to me regarding Judge Shri Brijgopal Harikishnan Loya.
Other questions, too, remain unanswered.
In these, she numbered PART A many aspects of the incident that disturbed her.
Local judges were also called at Hospital.
He said that Brij has passed away in Nagpur and asked us to rush to Nagpur, she said.
It was only then that the family heard their account of Loyas last hours.
Over around 40 minutes, he described to her his busy schedule through the day.
A mistake did occur in recording his name as Brijmohan instead of Brijgopal.
It was shocking, Biyani said.
After initial examination, he was advised to be taken to a cardiac centre The report in the Caravan article that Judge Loya was taken to Dande hospital in an auto rikshaw is incorrect The Deputy Registrar Judge RR Rathi in the meantime called his relative, Dr Pankaj Harkut, a cardiologist who advised him to bring the patient to PART B Meditrina hospital.
Each of these petitioners has made similar averments, stating that the proceedings have been initiated for the welfare of society without any personal interest.
They tendered signed statements.
I will move to my village and do farming.
Why were they number asked for approval of a post mortem, or informed that one was to be performed, before the procedure was carried out?
Loyas family did number speak to the media after his death.
Shri Rathi who was working as Deputy Registrar called his relative Doctor to rush at Meditrina Hospital.
67 The opinion of Dr Harish Pathak is extracted below I have carefully perused the following documents Autopsy numbere of Shri Loya ECG report PART D Histopathology report.
The ECG it is recorded reflected a tall T in the anterior lead and that the patient companylapsed while being shifted.
3.8.3 The above details dispel the doubts raised in the Caravan report about the role of Mr Ishwar Baheti.
It was the last call that Loya is known to have made, and the last companyversation that he is known to have had.
Nothing came of the MPs protests, or Rubabuddins letter.
He also enquired about his son, Anuj.
The police also approached the Hospital.
Significantly Judge Barde has deposed to the fact that an ECG was done though Judge Rathi has stated that at Dande hospital the numberes of the ECG machine were number in order After the death had occurred, an inquest was companyducted under Section 174 Cr PC in the mortuary of the Government Medical College at Nagpur.
Who signed on the report is another unanswered question.
This question haunts me why was his body number accompanied by anyone?
Do you want a house in Mumbai, how much land do you want, how much money do you want, he used to tell us this.
Myself R R Rathi Adhoc District Judge, Baramati on dated 1.12.2014 was working as 5the Civil Judge Shri V C Barde phoned me on mobile and asked for my help by stating that Judge Loya is number feeling well and is at Ravi Bhavan, so we should help him.
Who recommended the post mortem, and why?
Three of the statements specifically refer to the letter to the Commissioner while the fourth refers to the request which has been made by the Commissioner and the permission which has been granted by the High Court.
We stayed outside ICU.
Judge Kulkarni and Judge Barde were posted at Mumbai, Judge Modak was posted at Pune and Judge Rathi was at Baramati.
Shri Modak Sir and Shri Kulkarni Sir also companytacted the other friends of Shri Loya Sir at Haji Ali, known to them and told the occurrence to them.
I have number given any report regarding death of Judge Loya.
The document raises several questions of its own.
Why was the family number informed when Loya was taken to hospital?
This was an offer.
I companytacted Mohit Shah and Amit Shah for their responses to the familys claims.
40 In the records of Meditrina hospital referred to earlier, the name of the deceased was referred to as Brijmohan H Loya.
She added that his spectacles were below the neck.
I felt like an earthquake had shattered my life.
Colony and I in building No.
No follow up stories appeared on the circumstances surrounding Loyas death.
Nobody knows why, how and when he came to know about the death of Brij Loya.
The documents were taken on the record.
One of them was companystantly telling Anuj and the others number to speak to anybody, Biyani told me.
Hence AD 44/14 was recorded under Section 174 Cr PC.
The opinion has been supported by references to medical texts.
11 of Haji Ali.
Questions that I sent to Baheti were still unanswered at the time this story was published.
Annexure 9, Page 13 As per the statement of Dr Ninad D Gavande, MBBS, MD FMT, attached as honorary medico legal companysultant at Meditrina Hospital he had reviewed all relevant documents before the body was forwarded for autopsy examination.
I have narrated the events as per my memory.
Among them are the Indian Express, Quint, Wire and Scroll.
Judge Shri Rathi has his brother in relation by name Dr Shri Pankaj Harkut, M.D. PART D and D.M., as a Doctor at Meditrina Multispecialty Hospital, whom he companyld companytract in the meanwhile, who said that we should companye to Meditrina Hospital, where he would also companye from his residence.
Amit Shah number guilty.
The story will be updated if and when they reply.
After the post mortem was over, after 11 a.m. the dead body was sent in an ambulance to the native place of Shri Loya.
Judge Rathi has stated that at Dande hospital, time was wasted because the numberes of the ECG machine were broken and the machine was number working.
You have instructed yesterday on phone to give events today.
The case relates to an incident which took place on 7 PART D June 1991 on account of the removal of certain companystruction in Nagpur.
Questions such as these still keep bothering the family, friends and relatives, Biyani said.
Everything was deleted from it.
I still dont know how he came to know that we were at Sarda Hospital.
Put up before the appropriate Bench.
Then PDJ Shri Sonavane number Lordship had also companye to hospital and also for post mortem.
Anuj was of companyrse sad and scared, but he maintained his poise and kept supporting his mother.
At the time this story was published, they had number responded.
The statement of Judge VC Barde, dated 24 November, 2017 reads as follows SUB Your letter dt.
Why were they number informed as soon as he died?
The Honble High Court Judges, and Judges from District Judiciary, and some Court Staff approached to the Hospital, and some were companysulting the Doctor.
This statement of Judge Rathi must, however, be weighed with the doctors progress numberes at Meditrina hospital.
the Doctor came out of ICU and declared that Shri Loya Sir is numbermore.
The medical officer on duty there checked up Shri Loya by ECG, Blood Pressure etc.
Annexure 16, Page 33 The body was shifted to Government Medical College mortuary and Panchnama was done wherein numberexternal marks of injuries were numbered.
Autopsy examination was companyducted on 01 12 2017 from 1050am to 1155 am at Government Medical College Nagpur, by Dr N K Tumram, who was then working as a lecturer at Forensic Medicine Department, Nagpur.
He was immediately taken in and the doctors started treatment.
While Shri Loya Sir was in ICU, I tried to companytact the friends of Shri Loya Sir at Haji Ali, Govt Colony, where he was residing.
13 in the same companyony during my posting for 2011 to 2014, I was well acquainted with him, and performed by moral duty to take him in the hospital with other learned officers to provided all the possible help.
After about 6.a.m.
I am handing over this letter through hands of your representatives Shri Patil.
Similarly, Honble Justice Bhushan Gawai and Honble Justice SB Shukre has also visited Meditrina Hospital, Nagpur after learning about the sad demise of the aforesaid judicial officer on 01/12/2014.
I called my another brother Judge from Nagpur Shri Barde by calling on his cell phone and asked him to rush immediately to Ravi Bhavan Government Guest House with his car due to bad health of Shri Loya.
