Loya case sees sharp exchanges
New Delhi: The Supreme Court hearing on the death of Judge B.H. Loya witnessed on Thursday sharp exchanges between a senior advocate and a judge.
"We will ask you questions. There is no denial of justice.... Justice lies in our mind, conscience and hearts. We do not want certificates from lawyers," Justice D.Y. Chandrachud told Dushyant Dave.
Dave had insisted that an independent probe headed by a retired Supreme Court judge alone could instil public confidence in the judiciary. Loya was hearing an alleged fake encounter case in which BJP president Amit Shah was discharged a month after the judge died.
Dave said an inquiry by the Maharashtra government was done in haste within a single day by recording the statements of four judges to prevent an independent probe.
Justice Chandrachud said that had the judges taken more time, "probably you would have then said how inconsistent the statements are".
Dave asked: "Why do you ask questions only for our submissions and none for the Maharashtra government?"
Justice Chandrachud replied: "The unfortunate part in our system is that you do not have to agree with us, but we have to. Sometimes we are so self-possessed, we forget who is a judge and who is a lawyer."