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"Amaresh Misra" (via indiaresists Mailing List)
2018-04-20 05:14:07 UTC
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JUDGE LOYA CASE: LACK OF POLITICAL FOCUS ON RSS GAVE CJI THE OPPORTUNITY TO
DISMISS PETITIONS!

I have read the judgement by CJI dismissing an independent inquiry in the
Judge Loya case. It is a revelation.

The judgement skirts the major issue of the mysterious circumstances in
which Judge Loya died. Instead, the focus is on the exoneration of the
four judges, who rebutted charges made in the Caravan magazine about foul
play in Judge Loya's case.

People on social media are reacting emotionally to to the Judgement.
Congress has said it is a 'sad letter day' for justice in India.

While such reactions are understandable, no one, either on social media or
elsewhere, is going beyond moral outrage to challenge or question the
judgement on its demerits.

The problem with Dave, Indira Jaising and Prashant Bhushan, the senior
lawyers arguing on behalf of the petitioners, seems to be that they
focussed unduly on the role of 4 Judges of Maharashtra who gave statements
that Judge Loya died of natural causes.

In the end, the case became a slugfest where lawyers attacked the 4 judges
and the CJI defended them...

The lawyers did not focus on the basic aspects of Judge Loya's family being
contacted by Baheti, a RSS man. It was Baheti whose role, whose entry into
the sequence of events, is suspect. In fact, Baheti of RSS, who even
arranged for Judge Loya's body to be brought to his family, after which the
family discovered bruise marks and other indicators of foul play, is the
key to the whole mystery.

Lawyers demanding an independent inquiry into Judge Loya's death should
have stuck to one point: how and why did a RSS functionary enter the scene
of the death/murder of Judge, who was hearing a case in which Amit Shah,
the President of BJP, a party affiliated to the RSS, was the prime accused.

This lack of argumentative focus on the main, political aspect of the Judge
Loya case, gave the CJI the opportunity to divert the issue and focus on
the non-issue of the statement of 4 judges. It became very easy for the CJI
to defend the 4 judges and write a 114 page judgement on petitions seeking
an enquiry into Judge Loya's death--a judgement that glosses over the main
issue and dedicates 90% of its space to the allegations made against 4
judges.

Mr. Dave, Ms. Indira Jaising, Mr. Prashant Bhushan, why did you lose
political focus on RSS?

Mr. CJI, why did you avoid the Baheti-RSS issue, and decide to focus on
non-issues of the 4 judges?

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