The bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud will hear the case on Friday (January 12).
The judge was hearing the Soharabuddin Sheikh encounter case, and had demanded a response from the government of Maharashtra, in relation to the pleas that were seeking to have an independent probe in it. Justice Loya, who was 48 years old, had died in 2014 while attending a wedding in Nagpur.
Judge Loya was hearing the fake encounter case against Amit Shah, who also had to serve time in jail before being released.
Later in the day, another plea filed by Congress leader Tehseen Poonawala on the same issue was mentioned by lawyer Varinder Kumar Sharma for urgent hearing before the bench, which agreed to hear it along with the earlier one. "Then we will see what can be done", the bench said and listed the matter for further hearing.
"I beg your Lordships not to hear the matter" requested Dave. "I requested my advocate on record to argue the matter despite the pressure", Poonawalla said.
"It is the submission of the petitioner that the judges are bestowed with the duty to protect the Constitution and uphold the majesty of rule of law. In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry", the Congress leader said.
The Bombay Lawyers' Association had filed a similar petition in the Bombay High Court on January 8, appealing for an investigation into Justice Loya's death.
Mr Naik pointed out that the judge who took over the case, subsequently, within 29 days of the death of judge Loya, discharged Mr Shah from the case, accepting an application filed by him.
Sohrabuddin Sheikh was killed in 2005 in an alleged fake encounter by a team of the Gujarat police, which claimed that he was a member of the Lashkar-e-Toiba terrorist outfit.
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