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The top court said, “This matter requires bi-party hearing rather than exparte”. A bench of justices Arun Mishra and M M Shantanagoudar asked Maharasthra Government counsel Nishant R Katneshwarkar to file reply by January 15.
At the outset, senior advocate Dushyant Dave, representing Bombay lawyers association, said the high court is seized of the matter and the apex court should not hear the pleas. “The Bombay High Court is seized of the matter and in my opinion the Supreme Court should not hear this matter. If the court goes ahead with the hearing, it may have implications before the high court,” Dave said.
Senior advocate Indira Jaising, appearing for one of the petitioners Maharashtra-based journalist B R Lone, said that she has also instructions from Bombay lawyers association that this matter should not be heard by the top court. The bench, however, said it will look into the petitions but will also consider the objections raised.
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The bench then asked Katneshwarkar to file the mortem report and other relevant documents regarding the death of judge Loya besides taking instruction from the government. The bench posted the matter for further hearing on January 15. Loya had died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague’s daughter.