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CJI Dipak Misra to hear Justice Loya death case on January 22

CJI Dipak Misra to hear Justice Loya death case on January 22

The petition seeking an independent probe into the death of judge B.H. Loya will be heard by the court of Chief Justice of India Dipak Misra on January 22, when the Supreme Court reconvenes after the weekend break. Loya, who was presiding over the politically-sensitive Sohrabuddin "fake" encounter case as a CBI judge, had passed away in 2014. Weeks after the judge's death, Amit Shah was discharged from the case with a new judge ruling that there was no evidence to merit his trial.

"The court registry is very likely to upload on its website the decision of the CJI on allocation of matters".

In an interview to the news website Bloomberg Quint on Tuesday, justice J. Chelameswar, one of the four judges who led what was seen as a revolt against Chief Justice of India Dipak Mishra, said it was a problem for which a solution needed to be found. The CJI had assigned the case on Friday as per the roster.

During the meeting, the commission recommended elevation of Chief Justice Lahore High Court Justice Mansoor Ali Shah to the Supreme Court of Pakistan. Shortly, after Loya's death, the case was transferred to another judge who then dismissed the charges. He also said they were being "harassed" and "victimised". At present, there are short interactions on Wednesdays when judges meet over lunch.

A meeting of the commission presided over by Chief Justice of Pakistan Mian Saqib Nisar also recommended the appointment of senior puisne judge Justice Muhammad Yawar Ali as LHC chief justice.

The resolution reached after the press conference is that, all the important pending PILs should be transferred to CJI's court. The petitions were filed in the top court after his family questioned the death. As the administrative head the CJI can either retain the matter, let it be heard by the bench as per the roster or send it to another bench.

This comes after Justice Arun Mishra recused himself from the case last week.

Earlier on January 16, the matter was heard by a two-judge bench of Justices Arun Mishra and Mohan M Shantanagoudar which adjourned the matter by a week without fixing any date to hear it. He had earlier said that the four senior judges' act of going public with their grievances against the CJI could have been avoided.

He said that a system for allocation of cases identical to that in the Delhi High Court is followed in the Bombay High Court.

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