Impact of justice Loya case current discussion on credibility and sovereignty of Indian Judiciary

For the first times in Indian history, a Supreme Court judge came in front of media for press conference which has never happened. Four senior judge of SC - justice Gogoi, Justice Chelameshwar, Justice Joseph, justice Lokur. What was their compulsion to do something in front of media which has never happened in Indian history. A propaganda campaign has been started against them. They are calumniated and defamed.

These four judges stated in the press conference that country's democracy is in danger. Since judiciary is an independent pillar of democracy & attempts are being made to pitch and seize it. They've accused chief justice of India (CJI) Deepak Mishra of bench fixing. That is whichever politically controversial case comes under them, he selectively passes them to such judges repeatedly who shall give favourable judgement. This has happened multiple times not just once. Judges stated that Justice Loya's case is tipping point.

The case of Justice Loya is heated up by the story of journalist Niranjan Takle in Carvan Magzine. In 2005 Justice Loya appointed for Soharabuddin encounter case.   Soharabuddin has connection with Lashkar-e-Toiba.  Soharabuddin is lined for attempting and planning attack on PM Narendra Modi. He was encountered with his wife, and police gave the reason of self-defence. Later on CBI accused D.J Banjara & Amit Shah in fake encounter. On 26th June 2014 CBI special court justice Utpat given a gearing date to mr. Shah and after a day he got transferred and the case appointed to H.B. Loya. Justice Loya gave many dates of hearing but Amit Shah appeared none of them. Then loya he put up a date a date- 20th Dec 2014 for which Amit Shah has to definitely come. But co-incidentally loya died on 30th December, 2014. reported stated that he died of sudden heart attack. Which was all the more questionable no one in their family history died due to heart attack case. The third judge who came into the procceding cleared against Amit Shah within 1month. So justice loya's was declared natural and public believed it for days till  in 2017 the Caravan interviewed justice Loya's family in which they stated that they don't believed loya's death was due to natural causes. They also said that he was offered a bribe of 100crore if he has given a favourable judgment.

Caravan's story led to many questions on his death after which Tahseen Poonawala filed a petition in Supreme Court for investigation on loya's death and supreme court was supposed to make decisions. On the same day 12th January 2018 after which these 4 judges held a press conference and told that CJI Deepak  Mishra has transferred this case to such bench which will give a beneficial not an impartial judgment. Such bench is of lower order. Senior judges should have been given such a case but this didn't happen. The case of justice Loya has been passed to justice Arun Mishra. His name is not specifically taken by 4 judges in the press conference. But his name is given by Dushyant dave(senior advocate) on TV interview. All political controversial cases are given to Arun mishra and he has link with plenty of time with BJP leaders. Infact senior advocate openly said that Arun mishra is man of BJP. Another high profile case was Sahara Birla  Diaries which directly accused prime minster Modi of corruption charges. The accusation was that PM Modi took bribe worth crores when he was the chief minister of Gujarat. Prashant Bhushan filed an appeal in this matter for conduct of investigation. But CJI Deepak  Misra transferred this case again to Arun Mishra were he said that no investigtion is needed. The CJI is also accused for inquiry in a case and again the case has plotted to Arun Mishra where he denied to inquired about CJI.

Certainly, BJP IT cell, Troll army, online bhakt, paid news channels acted blatantly against our judges. These four judges were subject to mudslinging, defamation in whatever manners to show somehow they are backed by some political party. And later on tried to portray that this ain't big controversy but an internal rift between judges. After a day social networking sites forwarded message depicting that four judges are guilty, working inappropriately.

Somewhere the biggest issue is that government is trying to pitch pillar of judiciary. This is not first time to do so. Earlier in 2016, CJI TS Thakur he started crying while delivering speech infront of PM Modi. To save judiciary since appointment of judges is reducing. Arvind Kejriwal also stated in his speech that attempts are being made to tap judges phone calls to undermine the judiciary.

Afterwards, government tried to bring such a law through which it can increase its influence on judiciary. The law was NJAC which gave power to the government that government shall have decision taking power for appointment of judges.

So the question is that pillars of Indian democracy are losing their strength. Somehow we have to take dig into reality and think and not to get influence.