The Bombay Lawyers Association, represented by Dushyant Dave before the Supreme Court in the hearing into the death of Judge BH Loya, has filed the following written statement today.
The Association pleads that:
It is respectfully submitted that the report by the Commissioner of State Intelligence is self serving and has been prepared and presented do this Hon’ble Court to mislead this Hon’ble Court. The report appears to be wholly incorrect and contains material inconsistencies and contradictions. The author of the report should be called upon to file an affidavit in support of the report so that appropriate proceedings can be instituted against him under Section 340 of CrPC read with Section 195 (1) (b) of the Code.
It is respectfully submitted that this Hon’ble Court may be pleased to consider that the matter should be heard and decided by the Hon’ble High Court under Article 226 and not by this Hon’ble Court under Article 32 since Article 226 is much wider in scope. It is therefore prayed that the matter be relegated to the Hon’ble High Court of Bombay.
In the alternative it is respectfully submitted that this Hon’ble Court may forthwith order an independent enquiry by a Special Investigation Team comprising of independent persons into the death of Hon’ble Judge Loya and upon receiving report therefrom take such further actions as required in law to instil confidence in the minds of people at large.