Need for high level judicial inquiry into death of Judge B. H. Loya

From: Concerned Citizens <constitutionalconduct@gmail.com>

December 2, 2017

Dear friends in the media,

Please find below an appeal to the Chief Justice of India and the Chief Justice of the Bombay High Court to institute a “high level judicial enquiry” into the controversial circumstances surrounding the death of Judge Brijgopal Harkishan Loya. The appeal cites the report on Admiral (Retd.) L.Ramdas’ request in this regard as also the opinions of Justice (Retd.) B.H.Marlapalle, formerly of the Bombay High Court and Justice (Retd.) A.P.Shah, former Chief Justice of the Delhi High Court on the need for a probe or enquiry.

Amongst the 32  signatories listed in the appeal are at least 10 officers who retired either as Secretaries to the Government of India or from posts in that rank, 4 former Ambassadors from the Indian Foreign Service, a former Chief Information Commissioner of a State Government, 2 former Chief Secretaries of State Governments, at least 4 officers of the rank of Additional Chief Secretaries and several others who retired at the rank of Secretary to State Governments or above. Almost all these officers were also signatories to an open letter written on June 10 this year in which they asserted that they had no political affiliations as a group but were bound only to the credo of impartiality, neutrality and commitment to the Constitution of India.

We will be grateful if you cover our appeal in print, digital/ social media or visual media.

December 2, 2017

The Honourable Chief Justice of India

The Honourable Chief Justice of the Bombay High Court

 

Honourable Chief Justices,

Please find attached a report about the request made by Admiral (Retd.) L.Ramdas to yourselves that a high level judicial enquiry be initiated into the controversial circumstances of the death of Judge Brijgopal Harkishan Loya. Justice (Retd.) B.H.Marlapalle, former judge of the Bombay High Court, and Justice (Retd.) A.P.Shah, former Chief Justice of the Delhi High Court, have also expressed the opinion that a probe or enquiry is needed.

We, the undersigned retired civil servants, would like to place on record our support for the request made by Admiral (Retd.) L.Ramdas to institute a “high level judicial inquiry” into this matter and urge you to take appropriate action for all the reasons mentioned in his representation. 

Yours faithfully,

1.    S.P. Ambrose, IAS (Retd.), former Additional Secretary, Ministry of Shipping and Transport, GoI.

2.    Ishrat Aziz, IFS (Retd.), former Ambassador to Brazil

3.    G.Balagopal, IAS (Retd.), former Resident Representative, UNICEF, North Korea

4.    Sundar Burra, IAS (Retd.), former Secretary, Govt. of Maharashtra

5.    Kalyani Chaudhuri, IAS (Retd.), former Additional Chief Secretary, Govt. of West Bengal

6.    Vibha Puri Das, IAS (Retd.), former Secretary, Ministry of Tribal Affairs,GoI

7.    Keshav Desiraju, IAS (Retd.), former Health Secretary, GoI

8.     M.G.Devasahayam, IAS (Retd.), former Secretary to Govt. of Haryana   

9.    Sushil Dubey, IFS (Retd.), former Ambassador to Sweden

10. K.P.Fabian, IFS (Retd.), former Ambassador to Italy

11. Meena Gupta, IAS (Retd.), former Secretary, Ministry of Environment and Forests, GoI

12. Deepa Hari, IRS (Resigned)

13. Dr. Sajjad Hassan, IAS (Retd.), former Commissioner (Planning), Govt. of Manipur

14. K. John Koshy, IAS (Retd.), former State Chief Information Commissioner, West Bengal

15. Ajai Kumar, Indian Forest Service (Resigned), former Director, Ministry of Agriculture, GoI

16. Arun Kumar, IAS (Retd.), former Chairman, National Pharmaceutical Pricing Authority

17. Harsh Mander, IAS (Retd.), Govt. of Madhya Pradesh

18. Aditi Mehta, IAS (Retd.), former Additional Chief Secretary, Govt. of Rajasthan

19. Sunil Mitra, IAS (Retd.), former Secretary, Ministry of Finance, GoI

20. Deb Mukharji, IFS (Retd.), former Ambassador to Nepal

21. Anup Mukerji, IAS (Retd.), former Chief Secretary, Govt. of Bihar

22. Alok Perti, IAS (Retd.) former Secretary, Ministry of Coal, GoI

23. N.K. Raghupathy, IAS (Retd.), former Chairman, Staff Selection Commission, GoI

24. Aruna Roy, IAS (Resigned)

25. Manab Roy, IAS (Retd.), former Additional Chief Secretary, Govt. of West Bengal 

26. Umrao Salodia, IAS (Retd.), former Chairman, Rajasthan State Road Transport Corporation, Govt. of Rajasthan

27. Deepak Sanan, IAS (Retd.), former Principal Adviser (AR) to the Chief Minister of the Govt. of Himachal Pradesh

28. E.A.S. Sarma, IAS, (Retd.), former Secretary, Department of Economic Affairs, Ministry of Finance, GoI

29. Dr.N.C.Saxena, IAS (Retd.), former Secretary, Planning Commission, GoI

30. Ardhendu Sen, IAS (Retd.), former Chief Secretary, Govt. of West Bengal

31. Dr. Raju Sharma, IAS (Retd.), former Member, Board of Revenue, Govt. of Uttar Pradesh

32. Jawhar Sircar, IAS (Retd.), former Secretary, Ministry of Culture, GoI, and CEO, Prasar Bharati

Report on Admir…s’ request pdf.pdf

Regarding Admiral (Retd.) L.Ramdas’ request

Former Navy Chief Admiral L. Ramdas has requested that a “high level judicial inquiry” into “mysterious circumstances” of the death of Brijgopal Harkishan Loya , the Special CBI Judge presiding over the trial of BJP President Amit Shah and several Gujarat Police Officers in the Sohrabuddin fake encounter case. In a letter addressed to Chief Justice of India Dipak Misra, Admiral L. Ramdas has requested that a “hig h level judicial inquiry” be immediately initiated.

Former Bombay High Court Judge, Justice (Retd.) B.H. Marlapalle, also has sought an SIT probe into the Judge’s death.

Former Chief Justice of Delhi High Court, Justice A.P. Shah had also recently spoken o ut about the allegations, opining that not enquiring into the allegations made by the family “would send a very wrong signal to the judiciary, particularly the lower cadre”. He had also expressed concerns over allegations of corruption, as Judge Loya was a llegedly offered a bribe of Rs. 100 crore.

Full text of Admiral L. Ramdas’s letter.

Dear Hon Chief Justice of India,

NEED FOR A SPECIAL JUDICIAL ENQUIRY TO INVESTIGATE INTO THE SUDDEN DEATH OF JUSTICE LOYA

All Democracies exist and survive on three main pi llars – namely the Executive, Legislature and the Judiciary. Freedom from British rule, was won after a prolonged struggle and The Indian Constitution was evolved after nearly two and a half years of debate in the Constituent Assembly, and passed on 29 Nov ember 1949 and India became a Republic on 26 January 1950. Our Constitution became effective. This one and only holy book which matters, subscribes to the above concept of our Democracy, wherein all our citizens are considered to be equal in the eyes of th e law.

This is all the more important when a CBI judge, Justice Loya, specially appointed by the CJI of the Mumbai High Court to investigate the murder of Sohrabbudin , dies under mysterious circumstances while on a visit to Nagpur. The silence of the two judges who apparently persuaded the late Judge Loya to travel to Nagpur, and accompanied him, is disturbing to say the least. The inaction of the judiciary about this sequence of events thus far is indeed surprising. This is all the more puzzling in the co ntext of the recent revelations by family members of the late Justice Loya, who have raised certain questions, apprehending foul play in the circumstances leading to his sudden death.

A judicial probe at this point, at least to respond to the queries raise d by the family, and to uphold the image of the judiciary in the eyes of the people of India, is absolutely necessary. As a former Chief of the Indian Navy, I feel strongly that it is critically important to clear any doubts about this entire incident. The refore , in the larger interests of the nation and its people, and above all in upholding the Constitution of India and the image of our entire legal system, a high level judicial enquiry be initiated immediately .

http://www.countercurrents.org/2017/11/28/admiral – ramdas – requests – judicial – enquiry – into – judge – loyas – mysterious – death/


Lalita Ramdas

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