http://www.livelaw.in/unanswered-questions-in-loya-case-verdict/
Why there was no proper inquest?
One of the main points urged by the petitioners to doubt the official version was that there was no proper inquest carried out on the dead body of Judge Loya in the manner provided in Section 174 of the Code of Criminal Procedure( Cr.P.C). The petitioners specifically pointed out that as per Section 174(1) Cr.P.C, the inquest of dead body has to be performed in the presence of Executive Magistrate. Though the police registered a case under Section 174, there was no intimation given to Executive Magistrate. Admittedly, the inquest was carried out by the police themselves, without informing the Executive Magistrate. Hence, the evidentiary value of the inquest report, which did not record any finding of bodily injuries, was called into question.
This was an important issue, as the inquest report was admittedly prepared without the presence of Executive Magistrate, resulting in the violation of Section 174 CrPC. Curiously, the information to Executive Magistrate(SDM Nagpur) was given only on 2nd February 2016, almost one year after the incident. This certainly raises the eyebrows of any reasonable person.
The curious appearance of Dr. Prashant Rathi
Thus, it is clear that Prasanth Rathi was a total stranger having no prior acquaintance with Judge Loya. Then how did he identify the body of Judge Loya before inquest and post-mortem? How did he claim the body of Judge Loya after post-mortem as a ‘relative’? This is a very fundamental fact raising several doubts, especially in the light of the fact that the first name of Judge Loya was mistakenly recorded in inquest and post-mortem reports as The petitioners had also specifically raised the contention that handing over of the body to Prasanth Rathi was illegal, as he was not a relative as defined in Section 176 of Cr.P.C.
Discrepancies in the medical bill of Meditrina Hospital
December 2014 contained charges for neurosurgery and diet consultation. How can such charges be levied if Judge Loya was brought dead to the hospital? What was the reason for billing under the head ‘neurosurgery’, if Loya died of cardiac arrest? In this backdrop, the alternate theory forwarded by petitioners regarding head injury assumes importance. The sister of Judge Loya, Anuradha Biyani had stated that she had found blood stains on the neck and back of the shirt in the dead body. The alternate expert opinion procured by Adv.Prasanth Bhushan suggested the possibility of head injury. In that backdrop , the entry regarding ‘neurosurgery’ was a circumstance requiring further probe.
The Legality of ‘Discreet enquiry’
‘Discreet enquiry’ is a contradiction in terms. Enquiry/investigation has to be open and transparent. The ‘discreet enquiry’ ordered by the State Government on November 23, 2017 and completed within five days by November 28, 2017, was carried out by the Commissioner of State Intelligence Department. There was question regarding the statutory backing of such a ‘discreet enquiry’. This ‘discreet enquiry’ was not carried out as per the provisions of the Code of Criminal Procedure. Under what provisions of law the statements of the judicial officers were taken? Which statute gives legal sanctity to such an enquiry? The SC settled all these issues with a bald statement that executive power of the state authorized such enquiry(Paragraph 42). But can such an enquiry report without the backing of legislation be admitted as evidence in Court? It is well-settled that investigation carried out by an officer who is not specifically authorised by statute is non-est in the eyes of law. However, these questions were not at all addressed.
Discrepancies regarding ECG report
The official version heavily relied on the ECG report prepared in Dande Hospital for stating that Judge Loya died of natural causes. Curiously, this ECG Report of Dande Hospital, where Loya was taken initially before Meditrina Hospital, was not produced in the Supreme Court proceedings.
Why the request for cross-examination was denied?
The petitioner’s request for cross-examining persons connected with the case- the doctors, judicial officers, police officers- was not taken in the right spirit by the Court. The Supreme Court treated the request with utmost hostility, as could be gathered from the seething rage contained in the words of judgement. The petitioner’s were seen as launching a “frontal assault” on judiciary.
In addition... there is the point that
Justice Loya's phone was handed over to his family 3 days after his death after it was wiped clean and also not by the police, but by a person named "Ishwar Baheti".
