TEHSEEN POONAWALLA versus UNION OF INDIA AND ANR.

32. In the context of the above statutory provisions, it is necessary to examine the material on record. We will proceed to initially analyse the documentary material which has been placed before the court by the State of Maharashtra. Since the statements of the judicial officers which were recorded during the course of the discreet inquiry have been the subject of a considerable amount of argument, we will analyse them in a subsequent part of the judgment.

33. Judge Loya was brought to Meditrina hospital at Nagpur at 6.15 am on 1 December 2014. Dr NB Gawande of Meditrina addressed a letter to the PSI, Sitabardi police station on the following subject: “MLC information on hospital in-patient death/brought dead”. The communication states that the deceased was “brought with no evidence of life to our hospital” with history of retrosternal chest pain. The patient was reported to have come to Nagpur to attenda function. The person who admitted the patient is recorded as Shrikant D Kulkarni. His relationship with the patient is described as “friend”. The probable cause of death is stated to be unknown. The name of the consultant is endorsed as Dr Pankaj Harkut.

34. The Progress notes of the doctor at Meditrina hospital contain a death summary. It records that according to the history given by the accompanying persons, the patient had suffered retrosternal chest pain during the course of the immediately previous night. It states that the patient was taken to Dande hospital where an ECG was done. The ECG (it is recorded) reflected a “tall ‘T’” in the anterior lead and that the patient collapsed while being shifted. The death summary further states that resuscitation was started immediately after reaching the hospital and emergency medication was provided. The steps which were taken to revive the patient are recorded and it has been stated that in spite of resuscitative efforts, the patient could not be revived and was declared dead at 6.15 am on 1 December 2014. The death summary records that a post-mortem was advised for ascertaining the cause of death. A death report was accordingly issued on 1 December 2014 by the duty medical officer at Meditrina. The post-mortem became necessary because, Judge Loya was ‘brought dead’.

35. At 8.30 am on 1 December 2014, the police station at Sitabardi (within whose jurisdiction Meditrina hospital is located) recorded the statement of Dr Prashant B Rathi. The statement is to the effect that the deceased was related to his uncle. The deceased had travelled to Nagpur for attending a marriage and was residing at Ravi Bhavan, Civil Lines. When he complained at 0400 hours of chest pain, he was admitted to Meditrina hospital where he was declared as “brought dead” at 0600 hours. On the basis of the statement of Dr Prashant Rathi, the death report (margkhabri) was drawn up under Section 174 of Cr PC bearing AD 00/14. The statement of Dr Rathi is reproduced in the death report and titled as “nakal bayan” (this is because the statement is reproduced). The death report contains an endorsement of PSI RK Mundhe, the duty officer from 2100 hours on 30 November 2014 to 0900 hours on 1 December 2014 of the registration of an accidental death report on the basis of the statement of Dr Rathi and of having sent police constable Pankaj for taking care of the dead body.

36. Government Medical Hospital, Nagpur received the dead body TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] at 10 am on 1 December 2014 for post-mortem. An inquest panchnama commenced at 10 am and ended at 10.30 am in the presence of two panchas. PSI Mundhe attached to Sitabardi police station conducted the inquest. The inquest panchnama notes the condition of the dead body and does not find any mark of injury or assault. The dead body was then sent to the medical officer for conducting the post-mortem. There is an advance report dated 1 December 2014 of Dr NK Tumram of the Department of Forensic Medicine at Government Medical College recording that the probable cause of death is “coronary artery insufficiency”. The post-mortem report of 1 December 2014 records that there is no evidence of bodily injury. The dura and brain are found to be congested and edemitous. Lungs are also found to be in a congested condition and edemitous. The heart is found to be congested. The post- mortem records that there is evidence of arthrosclerosis in the left coronary and left anterior descending artery with calcification. It records the narrowing of the artery and evidence of hypertrophy of the left ventricle. Evidence is found of plaque in the inner wall of the aorta. The report indicates that samples of the stomach, liver, kidney and blood were preserved for histo-pathological examination. The probable cause of death is recorded as “coronary artery insufficiency”.

37. Following the post-mortem, the dead body was handed over to Dr Prashant Rathi on 1 December 2014 in token of which a receipt was obtained by Sitabardi police station.

38. On the basis of the death report which was recorded by Sitabardi police station the police station at Sadar recorded an accidental death report (AD 44/14) under Section 174 CrPC. The death report contains a statement that PSI Warpade, the day duty officer on 1 December 2014 had received the case diary of AD 00/14 from police constable Pankaj and that he had registered AD 44/14 under Section 174 Cr PC. The registration of the AD at Sadar police station is at 1600 hours on 1 December 2014. Ravi Bhavan falls within the jurisdiction of Sadar police station.

39. On 1 December 2014, the duty officer at Sadar police station addressed a communication to the Deputy Director of the Forensic Laboratory, Dhantoli, Nagpur, and sought a chemical analysis of the samples of the viscera and of a bottle of blood which had been preserved. Analysis of the samples commenced on 5 January 2015 and ended on 19 January 2015. On 5 February 2015 the Assistant Chemical Analyser in the Regional Forensic Science Laboratory submitted his report stating that: “general and specific : chemical testing does not reveal any poison in exhibit nos.(1), (2) and (3).” Exhibits (1), (2) and (3) are respectively samples of the stomach, liver, spleen and kidney and blood.

40. In the records of Meditrina hospital referred to earlier, the name of the deceased was referred to as Brijmohan H Loya. It appears from the post-mortem report that the name of the deceased was initially recorded as Brijmohan Harikishan Loya. The records of Meditrina hospital as well as the post-mortem contain a reference to the address of the deceased being the official quarters at Haji Ali Government Colony, Building no.11, Mumbai. This, it is undisputed, is where Judge Loya resided. There is hence absolutely no doubt about the identity of the body on which post-mortem was performed. On 10 December 2014 the PSI at Sadar police station addressed a letter to Government Medical Hospital seeking a correction in the name of the deceased as Brijgopal Harikishan Loya. The correction was endorsed on 10 December 2014 on the post-mortem report.

41. In February 2016, the Sadar police station addressed a communication to the Special Executive Magistrate making a reference to the death summary bearing No.07/16 dated 2 February 2016. The summary records that on 1 December 2014, the police station at Sadar received AD004/14 from the Sitabardi police station. On perusing the case diary, it was noticed that the place of occurrence was within the jurisdiction of Sadar police station. Hence AD 44/14 was recorded under Section 174 Cr PC. An inquest panchnama was prepared by PSI Mundhe in the presence of two panch witnesses. The post-mortem was conducted at the Medical College Hospital by Dr NK Tumram of the Forensic Medicine Department. After the post-mortem concluded, the body was handed over to Dr Prashant Rathi, a relative of the deceased. During the course of inquiry, it has been noted from the post-mortem report that the cause of death was coronary artery insufficiency. On discussing the matter with Dr Tumram, it was ascertained that the death was due to a heart attack and there was nothing suspicious about the death. During TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] the course of the inquiry the police station at Gategaon, District Latur was contacted when it was intimated that the relatives of the deceased reside in Mumbai. Dr Prashant Rathi had intimated, that the deceased had visited Nagpur to attend a marriage; on the date of the incident he developed pain in the chest at 0400 hours and was admitted to Meditrina hospital where he was declared dead. The summary records that Judge Loya died due to a heart attack. No complaint has been lodged by his relatives at the local police station or at PS Sadar of any suspicion in regard to the cause of death and the medical officer has recorded the cause of death as a heart attack in the PM report and there was no evidence of assault. The summary was accordingly submitted to the Special Executive Magistrate, Sadar division, Nagpur. Statements of four judicial officers

42. Now it is in this background, that it would be necessary to advert to the statements of the judicial officers which were recorded during the course of the discreet inquiry in November 2017. A discreet inquiry was ordered on 23 November 2017 by the Home department of the state government following the reports which were published in Caravan on 20 and 21 November 2017. Mr Rohtagi has apprised the court that in ordering the discreet inquiry, the state took recourse to the provisions of its Vigilance Manual. The Manual of Instructions provides for the procedure which is to be followed in conducting discreet inquiries. In the present case, following the newsreports published in Caravan, the death being of a judge from the state judicial service, a discreet inquiry was ordered particularly in the context of the innuendos contained in the news reports. Quite apart from the Manual, the state government is not prohibited in law from holding such an enquiry in the exercise of its executive power.

43. The Commissioner of the State Intelligence Department sought the permission of the Chief Justice of the Bombay High Court “to record the say” of Judge Shrikant Kulkarni (Member Secretary, Maharasthra State Legal Service Authority), Judge Modak (Principal District Judge, Pune), Judge Barde (District Judge, City Civil Court, Mumbai) and Judge RR Rathi (District Judge, Baramati). By a communication of 23 November 2017, the Registrar General stated that the Chief Justice had granted permission to do so. Following the receipt of permission, the Commissioner, SID wrote to the four judicial officers. They tendered – signed statements.

44. The statement of Judge Kulkarni dated 24 November 2017 is extracted below: “Reference: Your letter No-COI/PA/Loya/DE/2017-165. Sir, With reference to your letter, I hereby submit brief sequence/say about the unfortunate death of Shri BH Loya at Nagpur. In the month of November – December 2014, I was working as Registrar(Judicial -I), Appellate Side, High Court, Bombay. Mrs Swapna Joshi was the Member Secretary, Maharashtra State Legal Services Authority at that time and she was my Principal Judge while working in the City Civil Court, Mumbai. She had invited me, my colleague Shri SM Modak and Shri BH Loya who were working in the City Civil Court, Mumbai for the wedding of her son at Nagpur. Accordingly, I alongwith Shri SM Modak and Shri BH Loya left Mumbai by train in night of 29th November, 2014 and reached Nagpur in the morning of 30th November 2014. We went to Ravi Bhavan Government Guest House where V.I.P. Suit was booked. On the night of 30th November, 2014 we attended reception arranged by Mrs Swapna Joshi on account of wedding of her son and returned to Ravi Bhavan Government Guest House at about 11.30 p.m. to 12.00 midnight. Early morning of 1st December 2014 Shri Loya started complaining of chest pain. I called my another brother Judge from Nagpur Shri Barde by calling on his cell phone and asked him to rush immediately to Ravi Bhavan Government Guest House with his car due to bad health of Shri Loya. Accordingly, Shri Barde with another colleague Shri Rathi rushed to Ravi Bhavan Government Guest House. It was about 4.00 to 4.15 am. Shri Waiker, Judge was also informed about Shri Loya’s bad health. We took Shri Loya to the nearby Dande Hospital by using car of Shri Barde where emergency treatment was given to Shri Loya. Shri Waiker, Judge also joined there by his car. However chest TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] pains continued. As per Doctor’s advice Shri Loya was required to be shifted to Cardiac Hospital. Accordingly, Shri Loya was immediately taken to Meditrina Hospital, Nagpur. We accompanied with him in the car. Shri Rathi who was working as Deputy Registrar called his relative Doctor to rush at Meditrina Hospital. We rushed to Meditrina Hospital, however on the way Shri Loya collapsed. We put him on the stretcher and took to the I.C.U where Doctor started immediate treatment. After giving treatment no response from Shri Loya was seen. Unfortunately, Shri Loya succumbed to death due to massive heart attack on early morning of 1st December 2014. We communicated this unfortunate incident to the Hon’ble Shri Justice PR Bora as well as Hon’ble Shri Justice BR Gavai. We also informed the said unfortunate incident to Shri Sham Joshi, Principal Secretary to the Hon’ble The Chief Justice whose sitting was at Nagpur that time. Hon’ble Shri B R Gavai, Hon’ble Shri Justice SB Shukre and Hon’ble Shri Justice PR Bora immediately rushed to the Meditrina Hospital within half an hour. Thereafter Hon’ble Shri Mohit Shah, The Chief Justice also arrived there. Thereafter, the dead body of Shri Loya was taken to the Government Medical College and Hospital for post-mortem examination. After post-mortem examination dead body was sent to native place of Shri Loya in one ambulance. Two Magistrates from Nagpur were also sent in another car to accompany dead body.” The statement of Judge SM Modak, Principal District Judge, Pune dated 24 November 2017 reads as follows: “Sub : Discreet Verification in the death of Judge Shri Loya. Ref : Your letter OW No. COI/PA/LOYA/DE/2017-165 Dated 23/11/2017. Respected Sir, I received your above mentioned letter in the morning through the hands of your representative. It accompanies permission letter issued by Hon’ble Registrar General dated 23/11/2017. It is not accompanied by any complaint/application/any document. You have requested me to give my say in the captioned matter. There is gap of almost three years after the death of our brother Judge Loya. As per my memory I am giving sequence of events as follows : a. I accompanied Judge Shri Shrikant Kulkarni and Judge Shri Loya on 29/11/2014 for attending the marriage of son of Ladyship Smt Joshi (then Secretary MHALSA). b. We left by train at the night. Ladyship Smt Joshi, her family members and few other judges were also travelled in the same train but in different compartments. c. We reached Nagpur in the morning of 30/11/2014. Journey was comfortable. It was through AC coach. d. From station we went to Ravi Bhavan e. After bath, myself accompanied Judge Shri Kulkarni to visit the quarters of Lordship Shri Shukre, Lordship Shri Borha. Judge Shri Kulkarni intended to give invitation of his daughter’s marriage to them. Even Judge Shri Loya accompanied us. f. Even we have visited the house of Judge Shri Barde quarter at Ravi Nagar. g. After that and after some marketing, we returned Ravi Bhavan. We have to attend reception in the evening. h. We attended the reception. There number of judges and even Few lordship have attended the function. i. After dinner, we returned Ravi Bhavan almost at about 11.30 pm to 12 midnight. j. During our way back, we stopped at one square. I remember Judge Mahajan was also with us but in different car. He offered us famous pan. He left to his house as he had to catch night train for Mumbai and we returned to Ravi Bhavan. k. We slept in one room. At about early morning probable at 4 am Judge Loya woke up. He was not feeling comfort. Myself and Judge Kulkarni called local judges probably Judge Barde and Judge Rathi. l. I do not exactly remember both of them or single. TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] m. In a car we took Judge Loya to Dande Hospital. After initial checkup, doctor advised him to shift him to another hospital n. We shifted Judge Loya to another hospital. I do not remember the name. We shifted him in a car. I also remember another local Judge Shri Waiker had also come in his car. o. At the hospital doctors have declared him dead. p. We have informed this fact to our judges at Hajiali colony. q. We all were in shock. I do not exactly remember who informed this fact to family members of Loya. r. Few Lordship have also attended the hospital. Further events took place as per their directions. s. Dead body was taken to Government Hospital for post mortem. t. Then PDJ Shri Sonavane (now Lordship) had also come to hospital and also for post mortem. u. Then PDJ Shri Sonavane deputed two local judges along with dead body. v. We all were in deep shock. Myself and Judge Kulkarni met the relatives of Judge Loya at Hajiali colony after few days. w. During that period I was posted as P.D.J. at Alibag, Raigad. I have narrated the events as per my memory. You have instructed yesterday on phone to give events today. I am handing over this letter through hands of your representatives Shri Patil.” The statement of Judge VC Barde, dated 24 November, 2017 reads as follows: “SUB: Your letter dt. 23.11.2017 for my Say, regarding occurrence dt. 1.11.2014 at Nagpur of sad demise of District Judge Shri BH Loya Sir, Dear Sir, With reference to the subject mentioned as above, I state that on the above date, at about 4 A.M. I received a call on my mobile No. 9423406827 from Shri S.D. Kulkarni Sir, Registrar of Hon’ble Bombay High Court that I with my Car and Shri R.R. Rathi, Senior Civil Judge, should come to Ravi Bhavan Govt. Guest House, where he, Shri Modak Sir District Judge, and late Shri Loya Sir were staying having come from Mumbai. He said that Shri Loya Sir was having chest pains. Accordingly, I called Shri Rathi and proceeded to Ravi Bhavan. Immediately, we the above 5 persons in the Car proceeded towards Dande Hospital. In the meanwhile, Shri S.D. Kulkarni Sir also called Shri Waiker Sir, now retired District Judge. The medical officer on duty there checked up Shri Loya by ECG, Blood Pressure etc. as per their procedure. Judge Shri Rathi has his brother in relation by name Dr Shri Pankaj Harkut, M.D. and D.M., as a Doctor at Meditrina Multispecialty Hospital, whom he could contract in the meanwhile, who said that we should come to Meditrina Hospital, where he would also come from his residence. Thereafter, we proceeded to Meditrina Hospital in 2 Cars. However, Shri Loya who himself sat in the Car, after some distance started Snoring-like in sleep, to whom Shri Kulkarni Sir stated to awake. When I took the Car in the porch of Meditrina Hospital, Shri Loya Sir did not awake and was rushed on a stretcher to the ICU of the said Hospital. He was immediately taken in and the doctors started treatment. We stayed outside ICU. However, after sometime the Doctor came out, and told that when Shri Loya Sir was taken in ICU, his pulses were not working, and that they were trying out their best to make him revive. While Shri Loya Sir was in ICU, I tried to contact the friends of Shri Loya Sir at Haji Ali, Govt Colony, where he was residing. Shri O.K. Bhutada, Senior Civil Judge, could be contacted, whom the entire occurrence was told. Shri Modak Sir and Shri Kulkarni Sir also contacted the other friends of Shri Loya Sir at Haji Ali, known to them and told the occurrence to them. Local judges were also called at Hospital. The Hon’ble High Court Judges, and Judges from District Judiciary, and some Court Staff approached to the Hospital, and some were consulting the Doctor. Judge Shri Bhutada from Mumbai, provided my mobile number to the near relatives of Shri Loya Sir, and by making call to me, told that I should inform the happenings at Hospital to such near TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] relatives, if they contact me. Some relatives contacted me, to whom I told the happenings, and that they may come to Nagpur. After about 6.a.m. the Doctor came out of ICU and declared that Shri Loya Sir is no more. Thereafter, the Judges gathered there saw his body. The police also approached the Hospital. Thereafter, at or about 10 p.m. the dead body was taken for post-mortem at Govt. Medical College by police. I in my car went there, where the Judges of District Judiciary also gathered. After the post mortem was over, after 11 a.m. the dead body was sent in an ambulance to the native place of Shri Loya. Shri Loya, being my Senior Colleague and residing in neighbouring building No. 11 of Haji Ali. Govt. Colony and I in building No. 13 in the same colony during my posting for 2011 to 2014, I was well acquainted with him, and performed by moral duty to take him in the hospital with other learned officers to provided all the possible help.” The statement of Judge RR Rathi dated 23 November 2017 reads as follows: “Upon request of Shri Sanjay Barve, Commissioner SID, Mumbai and as Hon’ble High Court of Bombay granted permission to give say, I am stating the fact know to me regarding Judge Shri Brijgopal Harikishnan Loya. Myself R R Rathi Adhoc District Judge, Baramati on dated 1.12.2014 was working as 5th Civil Judge Shri V C Barde phoned me on mobile and asked for my help by stating that Judge Loya is not feeling well and is at Ravi Bhavan, so we should help him. Hearing the same and in order to help, being local Judge, I was immediately ready. Mr Barde came to my quarter in his car and we then immediately went to Ravi Bhavan. At Ravi Bhavan Judge Shri Modak and Shri Shrikant Kulkarni were also present. At that time Judge Loya was attending natures call. Thereafter he came down and told that he is having heart burn and having ache in his heart and requested for help. Thereafter we all present there went in the car and Mr Barde. At that time some of them also called for help of Judge Waiker. He also followed us. Then we went to the nearest hospital at Ravi Nagar i.e. Dr Dande Hospital that hospital was on 1st Floor and so we all climbed stairs and were there. One assistant doctor was present there. Mr Loya complained about severe chest pain. His fact was sweating and he was continuously telling about severe chest pain and heart burn. At that time the doctor tried to do his ECG but the nodes of ECG machine were broken. Doctor tried and wasted sometime but machine was not working. I think he gave 2 injections to Mr Loya. I asked the doctor he said it of antacid and painkiller. Mr Loya was again complaining chest pain. I called my brother (cousin) Dr Pankaj Harkut, who is a cardiologist but his phone ringed but he did not picked my phone. After sometime he called me and I told him all these things. He immediately told me to brought him to Meditrina Hospital at Ramdaspeth Nagpur. It was 5.00 am, approx. that time. Thereafter I sitted in car of Judge Waiker. Mr Loya sitted in the car of Barde and Shri Kulkarni and Modak accompanied the. Thereafter we proceeded to Meditrina Hospital. At Meditrina Hospital when we reached that time Mr Loya was unconscious and was unable to speak. Then he was taken inside hospital for treatment. Thereafter Dr Pankaj Harkut also came there. Mr Loya was treated at that hospital. After sometime we came to know that Mr Loya suffered heart attack. Thereafter we came to know that he died. It was very unfortunate that Mr Loya died and I was very upset to know this. Hence this say.” The submissions analysed

45. A frontal assault has been launched on the statements of the four judicial officers by learned counsel appearing on behalf of the petitioners on the ground that the procedure of obtaining the permission of the Chief Justice was completed within one day and the statements were submitted by the four judges on the next day. Two of the judges (Judge Shrikant Kulkarni and Judge Barde) were based in Mumbai while the other two (Judge Modak and Judge Rathi) were based at Pune and Baramati.

46. We are unable to subscribe to this line of submissions. The Chief Justice of the Bombay High Court granted permission to the Commissioner of the State Intelligence Department to record the say of the four judicial officers. The matter was of importance.A discreet inquiry TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] had been ordered by the state government in view of the articles which were published in Caravan regarding the death of a judicial officer. Three of the statements specifically refer to the letter to the Commissioner while the fourth refers to the request which has been made by the Commissioner and the permission which has been granted by the High Court. There was no reason for the four judicial officers to procrastinate or delay the submission of their statements. There is no basis whatsoever to make any imputation against the four officers of the state judiciary. They were present with Judge Loya at Nagpur to attend a wedding in the family of a colleague.Each of them responded, as judges of the district judiciary, to the permission which was granted by the Chief Justice of the High Court to the Commissioner, SID to record their say. The judges have spoken about the facts of the case as they could recall, with details. We have extracted each of the four statements fully, as they stand. Each of the judges has spoken in detail of the facts and events which were within their personal knowledge. The statements contain matters of detail which would be known to those who were present with Judge Loya. They have a ring of truth. They had nothing to conceal nor an axe to grind. Three of the statements are dated 24 November 2017 while the fourth submitted by Judge Rathi is dated 23 November 2017 and contains an endorsement of receipt by the Commissioner on 24 November 2017. The fact that two of the judges were respectively at Pune and Baramati is absolutely no ground to cast doubt.The statements were submitted with dispatch. Reading them it is clear that they have been submitted without pre-meditation. The four judicial officers acted responsibly. There was no reason for them either to hasten or to cause a delay in submitting their versions of what they knew. Each of the four judges has acted with a sense of duty. This is how they would be expected to conduct themselves, in answering to a call of duty.

47. One of the submissions which has been urged by Mr Dave to cast doubt on the statements is that an article was published in the Indian Express in which the statements of two judges of the High Court (Justice Bhushan Gavai and Justice SB Shukre) were published. Mr Dave submitted that the statements of the judicial officers cannot be regarded as independent, in view of the fact that two judges of the High Court had taken the same view as elicited in the Indian Express article, that the death of Judge Loya was due to natural causes. Mr Dave submitted that judicial officers in the district judiciary could not be expected to take a plea at variance with what was stated by the two judges of the High Court. He urged that disciplinary action should be initiated against the two High Court judges. This submission is preposterous. It constitutesan undisguised attempt to malign four senior judicial officers and the judges of the High Court. What the submission glosses over is that the article in the Indian Express was published on 27 November 2017 and that was when the statements attributed to Justice Gavai and Justice Shukre were published. The statements of the four judicial officers are dated on 23 and 24 November 2017 and were in fact received by the Commissioner of the SID on 24 November 2017 much before the Indian Express article was published. We are mentioning this aspect because the line of submissions in this case indicates an unfortunate attempt to use every possible ploy to cast aspersions on members of the district and higher judiciary. That senior counsel chose with all seriousness to make those submissions without a sense of responsibility, and without verifying the basic facts reveals a disturbing state of affairs. We must express our disapproval in no uncertain terms.

48. Learned counsel appearing on behalf of the petitioners as well as the intervenors have sought to question the course of action which was followed by the judicial officers after Judge Loya complained of chest pain in the early hours of 1 December 2014. Why, they have queried, was he taken to Dande hospital initially and not to a specialised cardiac care facility when it was available within a radius of 5 kilometres of Ravi Bhavan. This line of argument is without merit. Judge Loya, as the statements of Judge Kulkarni and Judge S M Modak indicate, complained of chest pain at about 0400 hours on 1 December 2014. His colleagues who were with him took a decision in good faith to take him to Dande hospital which is in close proximity to Ravi bhavan. The issue in the present case is whether Judge Loya died a natural or unnatural death. To attribute motives to his colleagues who were with him and took immediate steps to shift him to a hospital nearby is absurd, if not motivated. In hindsight, it is easy to criticise actions which are taken by human beings when faced with an emergency. It is easy for an observer sitting in an arm-chair at a distant point in time to assert that wisdom lay in an alternate course of action. That can never be the test for judging human behaviour. The conduct of the colleagues of Judge Loya in attending to him is not in question. They did their best under the circumstances, acting entirely in good faith. At Dande hospital, the medical TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] advise was that the condition of Judge Loya required him to be shifted to a specialised cardiac hospital. Judge Rathi who was attached to the Nagpur Bench of the High Court at the material time was with Judge Kulkarni and Judge Modak when he was shifted to the hospital, as was Judge Waikar. Dr Pankaj Harkut who was a relative of Judge Rathi was a cardiac consultant attached to the Meditrina hospital. Judge Rathi contacted him on phone and it was at his suggestion that the judges took a decision to shift Judge Loya to Meditrina. To find fault with the judges for this course of action is unacceptable. But there is another and more serious aspect of the line of submissions which has been urged. Though as we have noted earlier, the proceedings have been purportedly instituted to protect the independence of the judiciary, this is one more instance where behaviour in court belies the ostensible position of the petitioners, intervenors and their counsel. It is as if the judicial officers are in the dock.We have no hesitation in rejecting that attempt. Mr Rohtagi submitted before the court that this line of argument of the petitioners and intervenors would postulate that the judicial officers are co- conspirators. In fact, it was so argued by counsel assisting Mr Giri. This is neither the case in the pleadings of the petitioners nor is there any material on the record which can even remotely suggest such an inference. We must emphatically reject such attempts on the part of the petitioners and the intervenors to malign judicial officers of the district judiciary. They acted in good faith to ensure medical treatment to their colleague. Their conduct cannot be questioned.

49. Similarly, a considerable degree of emphasis has been placed on the statement of Judge Rathi that the nodes of the ECG machine at Dande hospital were not working. Based on this, it has been seriously urged that in fact no ECG was done at Dande hospital. Judge Shrikant Kulkarni in his statement dated 24 November 2017 has stated that “emergency treatment” was given to Judge Loya at Dande hospital. Judge SM Modak states that after an initial check-up, the doctors at Dande hospital advised shifting the patient to another hospital. Judge Vijay Barde who was present at Dande hospital specifically stated that the medical officer on duty there examined (“checked-up”) Judge Loya “by ECG, blood pressure etc. as per their procedure”. Judge Rathi has stated that at Dande hospital, time was wasted because the nodes of the ECG machine were broken and the machine was not working. This statement of Judge Rathi must, however, be weighed with the doctor’s progress notes at Meditrina hospital. The death summary (extracted earlier) specifically adverts to the fact that the patient was taken to Dande hospital earlier where an ECG was done. Dr Dande has made the same statement. The progress notes also note a “tall ‘T’” in the anterior lead which indicates that the ECG was seen by the doctors attending to Judge Loya at Meditrina hospital. These progress notes are contemporaneous, since they also form part of the communication addressed by Dr NB Gawande at Meditrina to the PSI at Sitabardi on the same day after the judge had been brought dead to the hospital. As a matter of fact, it is this very ECG which forms the subject matter of the submissions which have been urged by one of the intervenors, for whom Mr Prashant Bhushan appears. Having regard to the fact that the ECG has been specifically mentioned in the progress notes of the doctor at Meditrina hospital, we find no reasonable basis to infer that no ECG was done at Dande hospital.

50. The statements of the four judges are called into question by Mr Dave, counsel for the petitioners, pointing out certain alleged inconsistencies. It has been urged that the Caravan article states that no car was available at 4 am on 1 December 2014 at Ravi Bhavan and hence Judge Loya was transported by an auto-rickshaw to Dande hospital. Mr Dave criticised the conduct of the judicial officers and submitted that it is inconceivable that at a government guest house, a car and driver would not have been available even in the early hours of the morning. The submission lacks merit. Judge Kulkarni has stated that Judge Loya was taken in Judge Barde’s car to Dande hospital. Judge Modak also notes that Judge Loya was shifted by car to Dande hospital and thereafter to Meditrina. This is confirmed in the statements of Judge Barde and Judge Rathi. The allegation that Judge Loya was not provided even a car to travel from Ravi Bhavan to Dande hospital and onwards to Meditrina is a red-herring.

51. Another submission urged by Mr Dave is that the judicial officers did not meet the family of Judge Loya in Mumbai soon after the death. Judge Modak in his statement observes that he and Judge Kulkarni met the relatives of Judge Loya at his Haji Ali residence after a few days. The suggestion that this is callous, is unfortunate, besides being incorrect. It must be remembered that the family of Judge Loya had proceeded to Gategaon for the funeral. Can the circumstance that Judge Kulkarni and Judge Modak met the family a few days later in Mumbai TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] have a bearing on their sense of humanity, as Mr Dave urged? The obvious answer is in the negative.

52. Then it was sought to be urged that if Judge Loya had suffered a heart attack around 0400 hours, he would not be wearing a trouser and shirt which the inquest report records. This is another submission which has been urged to cast doubt on the sequence of events as set out in the statements of the four judicial officers. Now a close reading of Judge Rathi’s statement indicates that when he reached Ravi Bhavan and met Judge Modak and Judge Kulkarni, Judge Loya was attending to a call of nature. It is evident from the statement that Judge Loya, when he left Ravi Bhavan was not unconscious and was complaining of chest pain and heart burn. To urge that the depiction of the clothes worn by Judge Loya casts doubt on the sequence of events narrated by the judicial officers is hence untenable.

53. Another submission is that if the four judges had accompanied Judge Loya to hospital, then as colleagues they would not have indicated his name to be Brijmohan instead of Brijgopal. This is but another attempt to cast doubt on the version of the four judicial officers without a substantive basis or foundation. Judge Loya was taken to hospital in an emergency. The normal course of human events would indicate that his four colleagues would be more concerned about getting Judge Loya attended than filling up an admission form. A mistake did occur in recording his name as Brijmohan instead of Brijgopal. In our view, this cannot be a ground to discredit the detailed factual narration made by the four judicial officers who were with him. Two of them – Judge Kulkarni and Judge Modak – were with Judge Loya from the time that the three officers left Mumbai for the wedding at Nagpur and until Judge Loya died on 1 December 2014. They have provided a trustworthy account of their schedule since they left Mumbai. All of them travelled together, stayed together, visited local judges at Nagpur, attended the wedding and remained in the company of each other and their friends in the judicial fraternity.

54. Ms Jaising sought to rely on a photograph of a room in Ravi Bhavan and wondered how three judges would have shared a room. Judge Kulkarni has referred to the fact that a VIP suite was booked at Ravi Bhavan. Judge Modak and Judge Barde support the position. The account provided by the judge cannot be discredited on the basis of surmises. The occupancy register does show that the room was in the name of Judge Kulkarni. His account is that his two friends and colleagues (Judge Loya and Judge Modak) shared the accommodation with him. It is unfair to disbelieve this account of colleagues in the district judiciary. They were friends, known to each other and had stayed together at Ravi Bhavan during the short trip to Nagpur. No counsel has suggested that they were not closely acquainted to each other.

55. The date of the death in the post-mortem is not mentioned as 7 December 2014, as submitted by Ms Jaising during the course of her submissions. The date of death is clearly mentioned as 1 December 2014. The hospital bill of Rs 4290 at Meditrina is criticised on the ground that it contains, inter alia, neurological charges and charges for diet consultation. It must be noted that the issue in the present case is not whether the bill which was prepared at Meditrina amounts to negligence. The charge for dietary consultation is erroneous. But that cannot be a ground to discredit the fact that Judge Loya was taken to Meditrina. That he was taken to Meditrina is clear from the documentary material on the record and the consistent statements of all the four judicial officers.

56. The handing over of the body to Dr Prashant Rathi cannot be faulted. The family of Judge Loya took a considered decision that they would proceed to his home town, Gategaon, for the funeral ceremonies. The report of the discreet inquiry contains an elaborate reference to the fact that Dr Prashant Rathi who was stationed at Nagpur was contacted by a relative in Aurangabad, requesting his help on 1 December 2014. Dr Rathi has in his statement made a factual explanation about how he was contacted by his relative and asked to assist in the formalities for Judge Loya. The presence of Dr Rathi cannot be doubted, having regard to the contemporaneous documentary material including the accident summary.

57. Similarly, a fair amount of critical comment has been devoted by counsel for the petitioners and intervenors to (i) why the family of Judge Loya was not brought to Nagpur by a flight from Mumbai after the death had occurred; and (ii) why, as alleged, in the Caravan article, the body reached Gategon for the funeral rights unaccompanied. It is necessary to emphasise that both these submissions have no bearing on whether the death of Judge Loya was due to natural causes or otherwise, TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] since they relate to events which took place after his death. But it is necessary in the present judgment to discuss the submissions because ona close analysis they are evidently unfounded. That the family of Judge Loya did not travel to Nagpur after they received intimation of his death, is a fact. If the family decided that the funeral should be held at the place to which he belonged namely, Gategon near Latur, this was a decision personal to the family. Judge Loya had died.If a considered decision was taken by the members of his family to proceed to Gategon instead of travelling first to Nagpur and then traversing a distance of nearly 450 kilometres by road to the place where the funeral was to be held, such a decision has to be respected. Moreover, the allegation that the body was sent unaccompanied to Gategaon is contrary to what has emerged on the record. Judge Kulkarni in the course of his statement made a reference to the fact that while the body was sent by an ambulance to the place where Judge Loya originally belonged, two judicial officers from Nagpur were also sent in another car to accompany the body. Judge SM Modak in his statement dated 24 November 2017 specifically notes that Shri Sonawane, the Principal District Judge then at Nagpur, deputed two local judges to accompany the dead body. Judge VC Barde has also stated that after the conclusion of the post-mortem at about 11 am, the dead body was sent in an ambulance to the native place of Judge Loya and two judges; Judge Rahangdale and Judge Chopda accompanied the body. The report of the discreet inquiry by the Commissioner, SID contains the following observation: “4.4 Mr Loya’s body was sent to village Gategaon in Latur in an ambulance provided by Mr Pawankumar Bhagat, Ambulance- Incharge of Meditrina Hospital. Two magistrates [Mr Yogesh Rahangdale & Mr Swayam Chopda) were sent by the then Principal District Judge, Nagpur, Mr Sonawane along with the mortal remains of Mr Loya to Gategaon, Latur. The question sought to be replied vide CARAVAN report as “why was his body not accompanied by anyone?… is a clear attempt to mislead the readers as the facts are otherwise.”

58. There is no reason for this Court to doubt the statements of Judge Kulkarni, and Judge SM Modak. Both of them and Judge Loya stayed at Ravi Bhavan guest house, where a VIP suite was booked. All the three judicial officers were invited for a wedding in the family of a colleague who in December 2014 was the Member Secretary of Maharashtra State Legal Services Authority. Judge Kulkarni, Judge Modak and Judge Loya travelled together by the same train from Mumbai to Nagpur on 29 November 2014 and arrived in Nagpur on the morning of 30 November 2014. They proceeded to Ravi Bhavan where a suite was reserved. During the course of the day, the three judicial officers visited the residences of two judges of the High Court at Nagpur, Justice SB Shukre and Justice PR Bora. They visited the home of Shri Barde and were together all along. They went to the market, returned to Ravi Bhavan and attended the wedding reception in the evening. After dinner the three judges returned to Ravi Bhavan a little before midnight. Judge Modak is also clear in the details that he offers.All the three judges who were accompanied by Judge Mahajan stopped by at a pan shop before they came back to Ravi Bhavan. The fact that all the three judges stayed together is the consistent account which emerges from the statements of Judge Modak and Judge Kulkarni which is corroborated by the statement of Judge Barde. There is no basis for the court to doubt the veracity of the natural account of the above three judicial officers (Judge Kulkarni, Judge Modak and Judge Barde). The court is requested to do so on the ground that the entry in the register at Ravi Bhavan mentions the name of Judge Kulkarni but does not contain any reference to the occupancy of Judge SM Modak or Judge Loya. Judge Kulkarni has expressly stated that a VIP suite was booked at Ravi Bhavan. We must lean in favour of the version of the four judicial officers unless strong and indisputable circumstances are shown to doubt their credibility. This would be in the larger public interest, to uphold the independence and integrity of the institution. This is corroborated by a photocopy of the occupancy register which has been produced on record. All the three judicial officers were invited for the same event. If as friends and colleagues, they decided to share one room, that cannot be regarded as an unnatural course of conduct. There is no reason for this court to discard the consistent statements of the three judicial officers by engaging in surmises of the nature which are sought to be drawn by counsel for the petitioners. In fact, though nothing would turn on it, it is a matter of some interest that even the article that was published in the Caravan on 20 November 2017 records Judge Loya having had a conversation with his wife on the night of 30 November 2014 and informing her of the fact that he was staying at Ravi Bhavan together with the judges who had accompanied him to Nagpur. TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.]

59. At this stage, we must also make a reference to certain other matters to which a reference has been copiously made on behalf of the petitioners to cast doubt on the circumstances in which Judge Loya had died. The first submission is that contrary to the directions that were issued in the judgment of this Court in its decision in CBI v Amitbhai Anil Chandra Shah (supra), JT Utpat who was nominated by the Administrative Committee of the Bombay High Court to preside over the criminal trial was transferred on 25 June 2014. It has been urged that since the Court had on 27 September 2012 directed that the Administrative Committee would ensure that the trial is conducted from the beginning to the end by the same officer, JT Utpat ought not to have been transferred. We must note at this stage that Mr Dave appearing on behalf of the petitioners has categorically stated that the court should in the present proceedings, confine itself to the issue as to whether Judge Loya had died a natural death or otherwise. The issue as to whether Judge JT Utpat could have been transferred has no bearing on the circumstances in which Judge Loya died. Mr Rohtagi appearing on behalf of the State has urged that the trial was yet to begin and hence the transfer of Judge JT Utpat on his request cannot be faulted. We clarify that it is not necessary to express any opinion on the submission of Mr Rohtagi since we are of the view that the transfer of the earlier judge and the appointment of Judge Loya in June 2014 has no bearing on whether Judge Loya’s death on 1 December 2014 was due to natural causes.

60. The petitioners have sought to rely upon the allegations against the then Chief Justice of the Bombay High Court, Shri Justice Mohit Shah made by the father and sister of Judge Loya. Reliance has also been placed on a hand-written note dated 18 February 2015 purportedly scribed by Anuj Loya after a meeting with the Chief Justice of the Bombay High Court, who had come to visit the family. The video recording of an interview given to Caravan by the father and sister of Judge Loya was also handed over to the court on a pen drive. The members of the family of Judge Loya have disassociated themselves from the statements attributed to them in the Caravan publication. The video recording, which we have seen, contains snippets of an interview. Evidently, only a part of the interview has been produced. The allegations against the Chief Justice of the Bombay High Court are hearsay.

61. During the course of his submissions in rejoinder, Mr Dave has attempted to discredit the discreet inquiry conducted by the Commissioner of the SID urging that the statement of Dr Prashant Rathi was recorded on 22 November 2017 by the Police Inspector (Crime) police station Sadar, before the state government had ordered a discreet inquiry on 23 November 2017. The submission is based on the hypothesis that the statement of Dr Rathi was recorded as a part of the discreet inquiry. This is seriously disputed by Mr Rohtagi who urged that the statement was recorded by the Sadar police station on 22 November 2017 after the articles in the Caravan had appeared on 20 and 21 November 2017. The discreet enquiry was held by the Commissioner, SID. Be that as it may, the presence of Dr Prashant Rathi is established in the accidental death summary (AD 00/14) dated 1 December 2014, in the inquest report, the receipt executed on 1 December 2014 by Sitabardi police station on handing over the dead body, and in the accidental death summary (AD 44/14) recorded by Sadar police station at 1600 hours on 1 December 2014. In the face of the contemporaneous documentary material, the statement of Dr Rathi recorded on 22 November 2017 cannot be construed as something which casts doubt on the validity of the discreet inquiry. Application for cross-examination

62. During the course of his submissions, Mr Dave moved an application for cross-examination of the following persons whose statements were recorded during the course of the discreet inquiry: “1 Mr Sajeev Barve, Director General/Commissioner, State Inteeligence Department, Maharashtra, 2 Dr Prashant Bajrang Rathi, Resident of Sai Regency, Ravi Nagar, Nagpur, 3 Mr Niranjan Takle, Reporter of CARAVAN, 4 Shri Srikant D Kulkarni, Member Secretary, Maharashtra State Legal Service Authority, 5 Shri SM Modak, Principal District Judge, Pune, 6 Shri Vijay C Barde, Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay, 7 Dr Pinak Gangadhar Rao Dande, Ram Nagar, Nagpur, TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] 8 Shri Anuj Brij Gopal Loya s/o Late Sh. BH Loya, 9 Smt Sharmila Brij Gopal Loya w/o Sh BH Loya 10 Shri Hari Kishan Ramchandra Loya, f/o Late Sh BH Loya, 11 Dr Anuradha Balaprasad Biyani, sister of Late Sh BH Loya.”

63. Order IX of the Supreme Court Rules 2013 deals with Affidavits. Rules 1 and 2 provide as follows: “1. The Court may at any time, for sufficient reason, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. 2. Upon any application evidence may be given by affidavit; but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent, and such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court or the Court otherwise directs.” Rule 1 empowers the court to allow facts to be proved on affidavit for sufficient reason. However, if the court is of the view that the production of a witness for cross-examination has been desired by a party bona fide and that such a witness can be produced, an order shall not be made authorising the evidence of the witness to be given by affidavit. Under rule 2, a discretion is vested in the court to order the attendance for cross-examination of the deponent of an affidavit. Under Order IX, a discretion is vested in the court to allow cross-examination of a person who has filled an affidavit. A party to a proceeding before this court – particularly a proceeding under Article 32 – cannot demand as of right the production of a person, who has filed an affidavit, for cross- examination. Whether cross-examination should be allowed has to be determined by the court having regard to the interests of justice. Mr Dave submitted that this court should, in the first place, direct that the above persons should file affidavits before this court and that upon the filing of those affidavits, they should be produced for cross-examination by him. In support of his submissions Mr Dave relied a few decisions of this court. In K. K. Kochunni v State of Madras (supra) this Court held: “12… it is possible very often to decide questions of fact on affidavits. If the petition and the affidavits in support thereof are not convincing and the court is not satisfied that the petitioner has established his fundamental right or any breach thereof, the Court may dismiss the petition on the ground that the petitioner has not discharged the onus that lay on him. The court may, in some appropriate cases, be inclined to give an opportunity to the parties to establish their respective cases by filing further affidavits or by issuing a commission or even by setting the application down for trial on evidence, as has often been done on the Original sides of the High Courts of Bombay and Calcutta, or by adopting some other appropriate procedure. Such occasions will be rare indeed and such rare cases should not, in our opinion, be regarded as a cogent reason for refusing to entertain the petition under Article 32 on the ground that it involves disputed questions of fact.” In CS Rowjeev State of AP24 this Court held: “16. It is, no doubt, true that allegations of mala fides and of improper motives on the part of those in power are frequently made and their frequency has increased in recent times. It is also somewhat unfortunate that allegations of this nature which have no foundation, in fact, are made in several of the cases which have come up before this and other courts and it is found that they have been made merely with a view to cause prejudice or in the hope that whether they have basis in fact or not some of it at least might stick. Consequently it has become the duty of the Court to scrutinise these allegations with care so as to avoid being in any manner influenced by them, in cases where they have no foundation in fact. In this task which is thus cast on the courts it would conduce to a more satisfactory disposal and consideration of them, if those against whom allegations are made came forward to place before the court either their denials or their version of the matter, so that the Court may be in a position to judge as to whether 24(1964) 6 SCR 331 TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] the onus that lies upon those who make allegations of mala fides on the part of authorities of the status of those with which this appeal is concerned, have discharged their burden of proving it. In the absence of such affidavits or of materials placed before the Court by these authorities, the Court is left to judge the veracity of the allegations merely on tests of probability with nothing more substantial by way of answer. This is precisely the situation in which we find ourselves in the present case.” Reliance was placed on the decision in Sher Singh in Re25. The submission which has been urged is based on a mis-appreciation both of the role of the petitioners and on the scope of these proceedings. The petitioners have moved this court in a petition filed in the public interest. Their position is that of a relator who seeks to bring a grievance to the attention of the court for the purpose of seeking a court mandated inquiry. None of the persons whose cross-examination has been sought is a witness in the present proceedings. The court is essentially required to consider to whether a case has been made out on behalf of the petitioners (supported by the intervenors) for directing an inquiry into the circumstances leading to the death of Judge Loya. As part of this process, the court has to decide as to whether the inquiry which has been conducted by the state is vitiated and if circumstances have been brought to the notice of the court which cast a reasonable suspicion about the events leading upto the death of Judge Loya. The petitioners cannot assert as of right that they should be allowed to cross-examine a host of persons including the doctors and judicial officers. By casting unfounded aspersions on the judicial officers who had accompanied Judge Loya, the petitioners have revealed the real motive of these proceedings which is to bring the judiciary into disrepute on the basis of scurrilous allegations. We find no basis or justification to allow the request for cross-examination.The application shall accordingly stand rejected. Intervention by Centre for Public Interest Litigation 64. Mr Prashant Bhushan appeared in these proceedings at the stage of the rejoinder. This was after the learned counsel appearing on behalf of the petitioners and intervenors had addressed the court and the court had heard submissions on behalf of the State of Maharashtra. The Centre for Public Interest Litigation which Mr Prashant Bhushan 25(1997) 3 SCC 216 26I.A.No.31086 of 2018 represents as counsel has sought to intervene by an application26. The application relies on a report in Caravan published on 11 February 2018 stating that the post-mortem and histo-pathology reports were sent to a forensic expert, Dr RK Sharma, formerly attached to AIIMS, and that Dr Sharma has ruled out the possibility of the death being due to a heart attack. Moreover, it has been stated that the documents indicate signs of trauma to the brain. Hence, it was urged that poisoning cannot be ruled out. The application for intervention states that the intervenor obtained a set of documents from Caravan, including the histo-pathology report and a copy of the ECG done at Dande hospital. Mr Prashant Bhushan claims to have forwarded the ECG and histo-pathology report to Dr Upendra Kaul, a former professor of Cardiology at AIIMS. Mr Prashant Bhushan himself addressed an e-mail to Dr Upendra Kaul seeking his professional opinion on certain queries. Dr Kaul responded that the ECG “most unlikely.. has no evidence of a recent myocardial infarction”. Moreover, it has been stated that the histo-pathology of the heart mostly indicates that it was normal and that the coronary artery block in the LAD “could be” an innocent bystander. The application for intervention also states that Mr Prashant Bhushan who is a member of the intervenor has spoken to other reputed cardiologists who are of the same opinion. 65. The affidavit in support of the application for intervention has been sworn by Mr Prashant Bhushan personally. Mr Prashant Bhushan appeared on behalf of the intervenor as its counsel during the course of the hearing and not as a party in person. 66. In response, Mr Mukul Rohtagi has placed on the record copies of two letters dated 14 and 16 February 2018 addressed to Dr Sidharth Gupta, Head of the Department of Forensic Medicine at AIIMS by the Senior Police Inspector at PS Sadar, Nagpur. A clarification was specifically sought in regard to the opinion furnished by Dr RK Sharma. In a response dated 3 March 2018, Dr Abhishek Yadav, Assistant Professor and Member Secretary, Departmental Committee, Department of Forensic Medicine, AIIMS has stated that besides constituting a committee of three doctors to examine the issue, AIIMS had addressed a letter seeking a clarification from Dr RK Sharma. The letter extracts the following reply sent by Dr RK Sharma to AIIMS: “Thanks for your mail, I would like to state that I have been grossly misquoted by Caravan magazine regarding death of Judge Loya. TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] The conclusions drawn are imaginary. I had general discussion with the reporter. I do not agree with contents of report published which are ascribed to me. I have not given any report regarding death of Judge Loya.” The letter dated 3 March 2018 from AIIMS accordingly contains the following clarification: “In continuation of the previous reply dated 16.2.2018, it is added that no doctor from the Department of Forensic Medicine has given any opinion about the death of Judge Loya in official or individual capacity to the Caravan Magazine or any other media agency. It is further reiterated that AIIMS New Delhi has a fixed protocol to respond only to official written request from the Government agency or Honourable Court with all the Mandatory corroborative investigating documents including Medical Documents for Medicolegal opinion and without the same holistic opinion can’t be formed for the perusal by law.” The clarification issued by AIIMS indicates that Dr Sharma has categorically stated that he was grossly misquoted by Caravan magazine and that he does not agree with the contents of the report ascribed to him. It may also be noted that by a previous reply dated 16 February 2018 Dr Sidharth Gupta of AIIMS had stated thus: “In reference to above, Kindly note that, AIIMS, New Delhi has a fixed protocol to respond only to the official written request from the government investigating agency or Honourable court with all the MANDATORY corroborative investigating documents including medical documents, details of scene investigation along with the interaction with the doctors who conducted the post- mortem, for medico legal opinion, since without the same, holistic opinion can’t be formed for the perusal by law.” From the material on the record it is evident that an effort has been made by Mr Prashant Bhushan to collect evidence to somehow bolster the case of the petitioners, acting in his personal capacity. A questionnaire in the form of leading questions was addressed by him to Dr Upendra Kaul, formerly at AIIMS, upon which a reply was obtained. The court has been apprised of the fact that following this, the senior police inspector at Sadar police station addressed a communication on 11 February 2018 to Dr Harish Pathak, Professor and Head of the Department of Forensic Medicine, KEM Hospital, Mumbai seeking his opinion on the basis of the report of the Regional Forensic Science Laboratory, the ECG, MLC papers and Meditrina hospital documents and histo-pathology report of the Government Medical College. In response, Dr Pathak by his e-mail dated 14 February 2018 sought additional documents. These were furnished by the Senior Police Inspector, Sadar. Dr Harish Pathak has in a detailed and considered opinion categorically stated that the conclusion of the post-mortem that the death was due to coronary artery insufficiency is valid and is in accordance with medical knowledge on the subject. The opinion has been supported by references to medical texts. 67. The opinion of Dr Harish Pathak is extracted below: “I have carefully perused the following documents: 1. Autopsy note of Shri Loya 2. ECG report 3. Histopathology report. 4. ADR. 5. Panchnama. 6. C.A. Report. 7. Statement of Dr Rathi, Dr Gavande, Dr Harkut, Dr Ganar. 8. Hospital (Meditrina) reports (Progress notes & MLC). 9. Two Articles from the Caravan magazine dated 26/01/18 & 11/02/18. Based upon all the documents made available to me and the recent medical literature, I would like to state as under: 1. As per Doctor’s progress notes of Meditrina Hospital (Annexure, 1 Page 1) and statement given by Dr Pankaj Harkut (Annexure 2, Page 2), On 01st December 2014, at around 04 am (As per Autopsy notes). When Mr Brijgopal H Loya complained of chest pain and restrosternal pain. (Doctor progress Notes Annexure 1) According to Principles of Internal Medicne, Harrison, TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] (Annexure 3, Page 4) Chest discomfort is among the most common reasons for which patients present for medical attention at either an emergency department or an outpatient clinic. Retro-sternal pain is the typical clinical feature of myocardial ischemia (Annexure 3, Table on Page 5). Chest discomfort associated with Myocardial Infraction is typically more severe, is prolonged usually lasting more than 30 minutes and is not relieved by rest (Annexure3, Page6). According to Oxford Dictionaries, (URL:https:// oxforddictionaries.com/definition/us) Retro-sternal: Behind the breastbone. (Annexure 4, Page7) (Retrosternal chest pain is pain felt behind the sternum bone-a flat bone located in the middle of the chest. This bone may also referred to as the breastbone) Myocardium: The muscular tissue of the heart. (Annexure5, Page 8) Ischemia :An inadequate blood supply to an organ or part of body, especially heart muscles. (Annexure 6, Page 9) Infraction: Obstruction of the blood supply to an organ or region of tissue, typically by thrombus or embolus, causing local death of tissue. (Annexure 7, Page 10) 2. The ECG showed tall “T-waves” in the anterior leads. This is consistent with the history indicative of myocardial ischemia. According to Principles of Internal Medicine, Harrison, Tall, positive hyperacute T waves are the earliest stages of ischemia. (Annexure 8, Page 12) 3. DOCTOR’S PROGRESS NOTES (Annexure 1 Page 1) indicate that Mr Brijgopal H Loya was brought to Meditrina Institute of Medical Sciences with cardiac arrest in collapsed condition. In spite of all resuscitative measures, he could not be revived and declared dated at 06:15 am on 01/12/2017 at Meditrina Hospital. (Annexure 1, Page 1, Annexure 16 Page 32, Annexure 17, Page 34) 4. According to the statement of Dr Pankaj Harkut, Director of Cardiology centre at Meditrina Institute of Medical Sciences, he had reviewed the ECG from Dhande Hospital which in his opinion showed tall T-Waves. (Annexure 2, Page 2a) As per, American Journal of Emergency Medicine (2007), Hyperacute T wave, the early sign of myocardial infraction; 25, 859. El -859. e7 The three main differential diagnoses of HATW (hyper acute T waves) on electrocardiogram are : (i) left ventricular hypertrophy, (ii) hyperkalemia and (iii) early repolarization variant. (Annexure 9, Page 13) 5. As per the statement of Dr Ninad D Gavande, MBBS, MD FMT, attached as honorary medico-legal consultant at Meditrina Hospital he had reviewed all relevant documents before the body was forwarded for autopsy examination. (Annexure 16, Page 33) The body was shifted to Government Medical College mortuary and Panchnama was done wherein no external marks of injuries were noted. 6. Autopsy examination was conducted on 01-12-2017 from 10:50am to 11:55 am at Government Medical College Nagpur, by Dr N K Tumram, who was then working as a lecturer at Forensic Medicine Department, Nagpur. At autopsy examination, no external marks of injuries were found and on internal examination, following significant observations were made. 7. With regard to autopsy notes and observations therein, my opinion on the findings with their medico-legal interpretation and relevance along with authorities which are being attached as annexures. 7A “Dura congested” According to Snell’s Textbook of Anatomy, Dura is a fibrous TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] tissue (Annexure 10, Page 15) It does not have blood supply in order to show the signs of congestion. Autopsy surgeon is expected to see if dura is intact and probably he meant to comment the Meanings, which are the outer coverings of brain and their congestion in normally seen in most of the cases of sudden cardiac deaths. Hence the entire argument in caravan magazine about congestion of Dura and thereby it being the indication of head injury is unscientific, and devoid of any rationale. 7B. “Heart congested, weighing 320 grams – Evidence of atherosclerosis in left coronary and left anterior descending coronary artery with calcification and luminal narrowing of 100 percent 01 cm distal to its origin and 90 % 02cm distal to its origin respectively. Evidence of hypertrophy of left ventricle present”. According to Principles of Internal Medicine, Harrison, Myocardial ischemia also can occur if myocardial oxygen demands are markedly increased and particularly when coronary blood flow may be limited, as occurs in severe left ventricular hypertrophy due to aortic stenosis. “..an increase in oxygen demand due to left ventricular hypertrophy secondary to hypertension and a reduction in oxygen supply secondary to coronary atherosclerosis and anemia. Abnormal constriction or failure of normal dilation of the coronary resistance vessels also can cause ischemia.’ (Annexure 11, Page 17) 7C. “Large vessels intact, evidence of atherosclerotic changes present in the inner walls of arch of aorta., ascending aorta” – No comment is required. 7D. “Abdomen- All organs were congested and stomach contains 10 ml of yellowish juicy material, with no peculiar odour” – No comment required. 8. Routine vescera were preserved for chemical analysis and the report of the same did not reveal any presence of poison. Pieces of brain, lungs, liver, heart, spleen, both kidneys, left descending aorta were preserved for histopathology examination. The result of histopathology examination are not inconsistent with the observations at autopsy examination described and explained as above. As to claims made by Newspaper Article: 8.1. No Claim of Myocardial Infraction in the Histopathological report (The Caravan, Annexure 19, Page 46) · The earliest signs of Myocardial Infraction which can be detected through naked eyes and histopathological examination appears not before 12 to 24 hours after the survival after acute coronary insufficiency. (Annexure 12, Page 20) · Dr Bernard Knight, in his book KNIGHT’S FORENSIC PATHOLOGY writes, “Most sudden deaths from Coronary artery insufficiency do not have Myocardial Infraction, even when the most sophisticated techniques are employed for its detection. Neither do the majority have a coronary thrombosis, though severe coronary stenosis is by definition present. (Annexure 12, Page 23) · A narrowing of the lumen to 01mm or lesser at a minimum of one point is required to diagnose of Ischemic Heart Disease. (Annexure 13, Page 25) · The lesions associated with atherosclerosis can be graded from Grade I to IV, based on percentage of narrowing of lumen of Coronary artery, where Grade IV signifies thickening and calcification of wall of coronary artery with narrowing of lumen more than 75 %. (Annexure 13, Page 26). · Significant obstruction of the coronary artery lumen requires 75 % narrowing of the lumen (Forensic Pathology, Vincent J DiMaio, Annexure 14, Page 28) In the present case, severe stenosis (Narrowing) in left coronary 100 % and left anterior descending 90 % was observed and noted at autopsy. The findings are consistent TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] with the cause of death due to acute coronary insufficiency. Hence I do not find any merit in the said argument. 8.2 Once coronary arteries are calcified, one cannot die due to heart attack (The Caravan, Annexure 19, Page 46) · This is highly unscientific interpretation as calcified arteries can be blocked by the dislodges thrombus and I find no merit in it and disagree with this opinion. 8.3 Once person alive for 30 minutes after symptoms condition of heart will have clear signs, (The Caravan, Annexure 19, Page 47) · Nowhere in the medical literature I have come across such observation. In fact, the earliest signs do not appear before 12 hours. (Annexure 12, Page 20) · The fact gross changes in the myocardial tissue appears only 18-24 hours post ischemia/infarction. (Practical Cardio Vascular Pathology, Mary N Sheppard Annexure 15, Page 8.4 No conclusive evidence of coronary artery insufficiency. (The Caravan, Annexure 19, Page 47) · Following evidences are sufficient to reach to the conclusion of acute coronary insufficiency: a. Initial symptoms narrated by the deceased to the witnesses and the doctors at first hospital. b. ECG findings. c. Coronary Artery Blockage seen at autopsy Hence, I find no merit in the argument and disagree with the same. 8.5 Blood stains over neck, cloths are indicative of heart injury (The Caravan, Annexure 19, Page 47) · According to inquest panchnama and post mortem report, there deceased was wearing Grey Full Sleeve Shirt and blue color jeans pant with black belt. There is no mention of any blood stains. · When clothes are put back on the body after autopsy by the mortuary attendants, the precision and neatness of clothing cannot be compared to the way a living person may dress. · After autopsy examination is over, the incisions over neck, chest, abdomen and head on the dead body are sutured after putting the dissected organs back in to the cavities. In spite of every precaution being taken to make sure that there is no leakage of post mortem blood from the stitched post mortem wounds, sometimes, minor leakage of blood tinged body fluid can happen. The chances of such leakage become high when bodies are being transported for long distances as it had happened in the present case. 8.6 Every single item is congested hence possibility of poisoning. (Annexure 19, Page 17) This is absolutely unscientific opinion. In case of sudden cardiac deaths when heart suddenly stops beating, presence of congestions of almost all the organ is an expected finding. In fact, congestion is such a common and nonspecific finding in many cases that one cannot in ordinary course of nature make much significant interpretation of it. 8.7 Question about chain of custody. (The Caravan, Annexure 19, Page 47) · The bottles containing viscera for chemical analysis are always sealed by medical officer and handed over to the police. If Chemical analyser observes any tempering with the seal, he reports about the same. Since no such report exists, it would be unreasonable and unjustifiable to doubt sanctity of evidence. 8.8The Deceased had healthy life style and no family history of heart disease hence could not have died due to sudden cardiac arrest at the young age of 48 years. (Caravan, Annexure 19, Page 48) · Family history of cardiac illness only makes a person more prone to the risk of cardiac disease but does not rule out the possibility of the same among the persons without such history. TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] 9.Conclusion: On carful perusal of all documents made and relevant medical literature on the subject, it is my opinion that, 1. Late Shri Brijgopal Harikisan Loya died due to acute coronary insufficiency, which was a sudden natural death. 2. There was no evidence to suggest any inconsistencies in the history, clinical findings and autopsy report made available to me. 3. Claims of foul play and suspicions in the articles in The Caravan made are unscientific and incorrect, as explained by me in this report with relevant references. Dr Harish M Pathak Professor & Head Forensic Medicine & Toxicology Seth GSMC & KEM Hospital, Mumbai.” 68. We are not really considering here whether the opinion of Dr Pathak should be preferred to what was opined by Dr Kaul. The point of the matter is that facts have emerged from the record which indicate that a carefully orchestrated attempt has been made during the course of these hearings on behalf of the Centre for Public Interest Litigation to create evidence to cast a doubt on the circumstances leading to the death of Judge Loya. In their practice before this court, Counsel are expected to assist the court with a sense of objectivity in aid of justice. What has happened here is that Mr Prashant Bhushan has adopted a dual mantle, assuming the character of a counsel for the intervenor as well as an individual personally interested on behalf of the intervening organisation of which he is a member. He has gone to the length of personally collecting evidence to somehow bolster the case. The manner in which the opinion of Dr Kaul was obtained on the basis of a laconic questionnaire leaves much to be desired and is a singular reflection on the lack of objectivity which is to be expected from counsel appearing before this Court. This has bordered on an attempt to misrepresent the facts and mislead the court. 69. During the course of his submissions, Mr Dave filed before this Court a compilation, inter alia, consisting of a proceeding instituted under Section 482 of the Cr PC (Criminal Application 824 of 2014) before the Nagpur Bench of the Bombay High Court by five petitioners for quashing a criminal case pending on the file of the Joint Civil Judge, Junior Division and JMFC, Nagpur. The fourth petitioner in the proceeding is Devendra Gangadhar Fadnav is, the Chief Minister of Maharashtra. The case relates to an incident which took place on 7 June 1991 on account of the removal of certain construction in Nagpur. As a result, two crimes came to be registered for offences under Sections 147, 148, 149, 294, 448,324, 336 and 427 of the Penal Code. The Division Bench of the High Court noted, that though the incident was of 1991, not much progress has been made in that case and with the passage of time, the dispute was amicably settled between the parties who are residents of Nagpur localities. The Bench of the Bombay High Court at Nagpur, consisting of BR Gavai and VM Deshpande, JJ, relied upon a decision of this Court in Narinder Singh v State of Punjab27 and held thus: “The Apex Court in the case of Narinder Singh and Others vs State of Punjab and Others, (2014) 6 SCC 466 has laid down various guidelines to be followed by this Court while exercising its power under Section 482 of the Code of Criminal Procedure for quashing criminal proceedings. One of the guidelines laid down by the Apex Court is that normally this Court would not entertain an application for quashing the proceedings wherein an element of public law is involved. In the present case, perusal of the record would reveal that the proceedings came to be initiated against each other out of a dispute which is purely private and where no element of public law is involved. Another guideline laid down is that if there is no possibility of trial being culminated into conviction, this Court should exercise powers under Section 482 of the Code of Criminal Procedure to give an end to the criminal proceedings. Since the parties have agreed to give an end to the dispute amongst themselves, there is not even a remote possibility of trial ending into conviction. We, therefore, find that it would be in the interest of justice to accept the settlement between the parties and to give an end to the criminal proceedings so that the parties are in a position to maintain peace and harmony in the area where they reside.” 27(2014) 6 SCC 466 TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] The criminal case was accordingly quashed. Mr Dave has gone to the extent of insinuating that one individual is controlling the entire judiciary in Maharashtra and elsewhere. 70. We are rather surprised at the manner in which an insinuation has been made by producing the above order, which was passed in completely unrelated proceedings. The insinuation is against the judges of the Bombay High Court at Nagpur for having quashed a criminal case in which the present Chief Minister was involved. We are not called upon to evaluate the merits of the decision, save and except to note that the High Court in quashing the proceedings placed reliance on a decision of this Court and had noted that the dispute was admittedly private in nature where no element of public law was involved. The attempt of the petitioners is to create prejudice and to malign the dignity of the judges, particularly of Justice BR Gavai. Copies of the criminal application and of the order of the Bombay High Court form part of the same compilation in which is also annexed a copy of the article published in the Indian Express of 27 November 2017, referring to the statements of Justice Gavai and Justice Shukre. This is another instance in the course of the hearing of the present case where a matter extraneous to the subject of the inquiry before the court has been sought to be relied upon to somehow sensationalise the case. What is worse is the manner in which wholly unfounded aspersions have been cast on the judges of the Bombay High Court following a decision which has been taken in the judicial capacity. This constitutes a serious attempt to scandalise the court and obstruct the course of justice. Public Interest Litigation 71. Public Interest Litigation has developed as a powerful tool to espouse the cause of the marginalised and oppressed. Indeed, that was the foundation on which public interest jurisdiction was judicially recognised in situations such as those in Bandhua Mukti Morcha v Union of India28. Persons who were unable to seek access to the judicial process by reason of their poverty, ignorance or illiteracy are faced with a deprivation of fundamental human rights. Bonded labour and under trials (among others) belong to that category. The hallmark of a public interest petition is that a citizen may approach the court to ventilate the grievance of a person or class of persons who are unable to pursue their 28(1984) 3 SCC 161 rights. Public interest litigation has been entertained by relaxing the rules of standing. The essential aspect of the procedure is that the person who moves the court has no personal interest in the outcome of the proceedings apart from a general standing as a citizen before the court. This ensures the objectivity of those who pursue the grievance before the court. Environmental jurisprudence has developed around the rubric of public interest petitions. Environmental concerns affect the present generation and the future. Principles such as the polluter pays and the public trust doctrine have evolved during the adjudication of public interest petitions. Over time, public interest litigation has become a powerful instrument to preserve the rule of law and to ensure the accountability of and transparency within structures of governance. Public interest litigation is in that sense a valuable instrument and jurisdictional tool to promote structural due process. 72. Yet over time, it has been realised that this jurisdiction is capable of being and has been brazenly mis-utilised by persons with a personal agenda. At one end of that spectrum are those cases where public interest petitions are motivated by a desire to seek publicity. At the other end of the spectrum are petitions which have been instituted at the behest of business or political rivals to settle scores behind the facade of a public interest litigation. The true face of the litigant behind the façade is seldom unravelled. These concerns are indeed reflected in the judgment of this court in State of Uttaranchal v Balwant Singh Chaufal29. Underlining these concerns, this court held thus: “143. Unfortunately, of late, it has been noticed that such an important jurisdiction which has been carefully carved out, created and nurtured with great care and caution by the courts, is being blatantly abused by filing some petitions with oblique motives. We think time has come when genuine and bona fide public interest litigation must be encouraged whereas frivolous public interest litigation should be discouraged. In our considered opinion, we have to protect and preserve this important jurisdiction in the larger interest of the people of this country but we must take effective steps to prevent and cure its abuse on the basis of monetary and non-monetary directions by the courts.” 73. The misuse of public interest litigation is a serious matter of 29(2010) 3 SCC 402 TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] concern for the judicial process. Both this court and the High Courts are flooded with litigation and are burdened by arrears. Frivolous or motivated petitions, ostensibly invoking the public interest detract from the time and attention which courts must devote to genuine causes. This court has a long list of pending cases where the personal liberty of citizens is involved. Those who await trial or the resolution of appeals against orders of conviction have a legitimate expectation of early justice. It is a travesty of justice for the resources of the legal system to be consumed by an avalanche of misdirected petitions purportedly filed in the public interest which, upon due scrutiny, are found to promote a personal, business or political agenda. This has spawned an industry of vested interests in litigation. There is a grave danger that if this state of affairs is allowed to continue, it would seriously denude the efficacy of the judicial system by detracting from the ability of the court to devote its time and resources to cases which legitimately require attention. Worse still, such petitions pose a grave danger to the credibility of the judicial process. This has the propensity of endangering the credibility of other institutions and undermining public faith in democracy and the rule of law. This will happen when the agency of the court is utilised to settle extra-judicial scores. Business rivalries have to be resolved in a competitive market for goods and services. Political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office. Courts resolve disputes about legal rights and entitlements. Courts protect the rule of law. There is a danger that the judicial process will be reduced to a charade, if disputes beyond the ken of legal parameters occupy the judicial space. 74. The present case is indeed a case in point. Repeatedly, counsel for the petitioners and intervenors have attempted to inform the court that they have no personal agenda and that they have instituted these proceedings to protect judicial independence. An aura of good faith has been sought to be created by submitting that the true purpose of seeking an inquiry into the circumstances relating to the death of Judge Loya is to protect the district judiciary. But as the submissions have evolved, it has become clear that the petition is a veiled attempt to launch a frontal attack on the independence of the judiciary and to dilute the credibility of judicial institutions. Judicial review is a potent weapon to preserve the rule of law. However, here we have been confronted with a spate of scurrilous allegations. Absent any tittle of proof that they are conspirators in a murder the court must stand by the statements of the judicial officers. The judges of the district judiciary are vulnerable to wanton attacks on their independence.This court would be failing in its duty if it were not to stand by them. 75. We must in this context record what we have heard during the course of the submissions. Mr Dave has urged that (i) he wants to cross-examine the judges; and (ii) he does not believe the judicial officers. Aspersions have been cast on the Administrative Committee of the Bombay High Court. This court has been called upon to issue a notice of contempt to the judges on the Committee at the relevant time. Ms Jaisingh as joined the fray by requesting that this court to issue contempt notices to the Administrative Committee of the Bombay High Court. Junior counsel appearing with Mr Giri went to the extent of urging that the judicial officers whose statements were recorded during the discreet inquiry are suspect. Even the judges of this Bench hearing the present proceedings, have not been spared from this vituperative assault on the judiciary. 76. Mr Prashant Bhushan argued that because two of the judges constituting the present Bench (Justice AM Khanwilkar and Justice DY Chandrachud) were judges of the Bombay High Court,they may have known the judicial officers who have submitted statements or Justice Bhushan Gavai and Justice SB Shukre. If this were to be the test, it is rather ironical that the petitioners had instituted proceedings before the Bombay High Court each of whose judges were expected to be faced with the same situation. We informed Mr Bhushan that a decision as to whether a judge should hear a case is a matter of conscience for the judge. There is absolutely no ground or basis to recuse. Judges of the High Court hear intra court appeals against orders of their own colleagues. References are made to larger Benches when there are differences of view. Judges of the Supreme Court hear appeals arising from judgments rendered by judges of the High Courts in which they served, either as judges or on appointments as Chief Justices. Maintaining institutional civilities between or towards judges is distinct from the fiercely independent role of the judge as adjudicator. We emphatically clarify that on the well-settled parameters which hold the field, there is no reason for any member of the present Bench to recuse from the hearing. While TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.] it is simple for a judge faced with these kinds of wanton attacks to withdraw from a case, doing so would amount to an abdication of duty. There are higher values which guide our conduct. Though Mr Bhushan ultimately made it clear that he is not filing an application for recusal – and none has been filed – we have recorded what transpired to express our sense of anguish at the manner in which these proceedings have been conducted. Serious attacks have been made on the credibility of two judges of the Bombay High Court. The conduct of the petitioners and the intervenors scandalises the process of the court and prima facie constitutes criminal contempt. However, on a dispassionate view of the matter, we have chosen not to initiate proceedings by way of criminal contempt if only not to give an impression that the litigants and the lawyers appearing for them have been subjected to an unequal battle with the authority of law. We rest in the hope that the Bar of the nation is resilient to withstand such attempts on the judiciary. The judiciary must continue to perform its duty even if it is not to be palatable to some. The strength of the judicial process lies not in the fear of a coercive law of contempt. The credibility of the judicial process is based on its moral authority. It is with that firm belief that we have not invoked the jurisdiction in contempt. E Conclusion 77. For the above reasons, we have come to the conclusion that there is absolutely no merit in the writ petitions. There is no reason for the court to doubt the clear and consistent statements of the four judicial officers. The documentary material on the record indicates that the death of Judge Loya was due to natural causes. There is no ground for the court to hold that there was a reasonable suspicion about the cause or circumstances of death which would merit a further inquiry. 78. The hearings commenced on 2 February 2018 and ended on 16 March 2018. The batch of cases was heard on 2 February 2018, 5 February 2018, 9 February 2018, 12 February 2018, 19 February 2018, 5 March 2018, 8 March 2018, 9 March 2018 and 16 March 2018. Having regard to the large volume of work, we had considered it appropriate to list the hearings at 2 pm on Mondays and Fridays, after the miscellaneous cases had been dealt with. The conduct of the petitioners and the intervenors is, as we have indicated, lacking in bona fides and reveals a misuse of judicial process. 79. The petitions shall stand dismissed. 80. The transferred cases and pending applications, if any, are also disposed of. Transferred Case (Criminal) No. 2 of 2018: 81 This Transferred case was heard together with the accompanying group of cases30 in which judgment has been delivered today. In so far as the circumstances relating to the death of Judge Loya are concerned, all issues raised in that connection in the present case shall stand governed by the judgment delivered by this Court. Since the case also raises certain other matters (other than the death of Judge Loya), learned counsel requested this Court to remit the proceedings back to enable the petitioner to pursue before the High Court the reliefs sought on matters other than the death of Judge Loya. We find the request to be fair and proper. We accordingly direct that the present case shall be remitted back to the Nagpur Bench of the High Court of Judicature at Bombay. However, we clarify that the circumstances relating to the death of Judge Loya which have been dealt with by this Court in the judgment delivered today stands concluded and the High Court would be at liberty to deal with other issues raised in the petition/case. 82. Ordered accordingly. Divya Pandey Matters disposed of. 30 WP (C)No. 19 of 2018, W P (C) No 20 of 2018, W P (C) No 73 of 2018 and TC (Crl.)No.1 of 2018 TEHSEEN POONAWALLA v. UNION OF INDIA AND ANR. [DR. D. Y. CHANDRACHUD, J.]