Apoorvanand on Judge Loya verdict: “As a citizen I’m deeply disappointed”

After the Supreme Court dismissed PILs seeking an independent investigation into the death of CBI Judge BH Loya on Thursday, Delhi University professor Apoorvanand, in conversation with National Herald, sais “As a citizen I am deeply disappointed by the judgment because the plot has thickened. There are questions (which need to be answered) by the highest level of the judiciary. Excerpts from a conversation with National Herald’s Lesley Esteves.

Watch an excerpt of our conversation with Apoorvanand below:

The four judges who came out and held a press conference on January 12 had mentioned this case specifically. They expressed their doubts about the manner in which Judge Loya’s death was handled. It is very important for the Supreme Court to dispel the doubts around this case.

I learnt from news reports that the Supreme Court has criticised the petitioners too. I think the people’s trust in the Supreme Court needs to be restored; the judgment hasn’t helped in doing that.

A curative petition or some other form of litigation in this case can still improve the image of the Supreme Court and a larger bench can rethink the judgment. What is at stake today is people's trust in the Supreme Court. We do not know whether the foundation of the Supreme Court is intact or not. Justice Chelameshwar told a petitioner the other day that he should not be asked to hear a petition because in next 24 hours it may be overturned.

This is extraordinary. This is happening for the first time in India that judges are writing, speaking openly, and expressing their doubts about the Chief Justice of India.

It is here that the role of the media becomes important. The primary task of the media is to keep scrutinising the establishment and its way of functioning. Duty of the media is to expose the establishment; to ensure all eyes are on the establishment. I think, a few media establishments did it in an exemplary manner. It is only because of the media that many facts related to Judge Loya’s death came to light.

It was duty of the judiciary to answer the questions which were raised. It has not done so; neither the Mumbai High Court nor the Supreme Court. It is a cause of disappointment for a citizen like me.

For the first time in the history of independent India, though there’s no emergency announced, people’s trust and their faith in the Supreme Court has been shaken.