NEW DELHI: The Supreme Court will hear a plea seeking a review and recall of its judgment of Special CBI Court Judge B.H. Loya's death on Tuesday.
A three-judge bench, headed by Chief Justice Dipak Misra, will hear the plea. As per rules, the hearing will take place in a close chamber.
A bench headed by Chief Justice Dipak Misra, which had earlier rejected the plea for a SIT probe into the judge`s death.
On July 31, the Bombay Lawyers Association sought a review and recall of its judgment that held that Judge Loya had met with natural death and that a PIL was misused for advancing political agenda and to scandalise the judiciary.
The top court in its April 19 judgment had said: "It gives a sense of anguish that the proceedings were converted to scandalise the judiciary bordering on contempt."
When Judge Loya died of a cardiac failure on December 1, 2014, he was conducting a trial in a case related to the alleged staged shootout killing of Sohrabuddin Sheikh in November 2005.
Now Bharatiya Janata Party President Amit Shah was one of the accused in the case but was later discharged.
The recall plea filed by senior counsel Dushyant Dave contends that the top court committed an error by relying on the report of Commissioner, Intelligence -- a police officer -- who had conducted an enquiry and reached the conclusion that Judge Loya died of natural causes and that the case did not require an independent investigation.
With agency inputs