Advocate's Petition Alleging Judge BH Loya Was Poisoned With Radioactive Isotope: Third Bench Of Bombay HC Finally Hears The Case

The division bench of Justice PN Deshmukh and Justice RB Deo of Nagpur has finally heard the petition filed by advocate Satish Uke that alleged that Judge BH Loya, who was presiding over the Sohrabuddin trial, was poisoned with a radioactive isotope.

Previously, three judges--Justices SB Shukre, SM Modak and Swapna Joshi--had refused to hear the matter and recused themselves. Their reason for recusal was not recorded, however, as all three judges were in Nagpur at the time of Judge Loya's death to attend the wedding of Justice Swapna Joshi's daughter. Justice Shukre had also stated in an interview with a newspaper that there was nothing suspicious about Judge Loya's death.

Former Advocate General Sunil Manohar appeared on behalf of the State. He sought the petition's dismissal stating that the Supreme Court had already decided the issue while hearing BLA's petition seeking a probe into Judge Loya's "mysterious death". But petitioner Satish Uke clarified that he only sought all records and documents pertaining to Judge Loya's death, not a re-investigation.

According to the petition, BJP president Amit Shah had met Ratan Kumar Sinha, then Chairman of the Atomic Energy Commission, during Shah's visit to Nagpur in March 2015 for three days. It was also alleged that all official records regarding this meeting have been wiped out. Speaking to Livelaw, Uke alleged that according to him, this meeting is an indication that Loya was ultimately poisoned with a radioactive isotope, which could only be accessible to someone like Sinha.

Uke also said he had spoken to Judge Loya in a video call after his colleagues Shrikant Khandalkar and Prakash Thombre informed him that the judge wanted to talk to him. Later, both Khandalkar and Thombre died under mysterious circumstances.

The court allowed the petitioner to amend his petition and posted the matter for further hearing after two weeks.