Who Killed Judge Loya?
Perhaps among the books I read in 2024, this one would rank as the most shocking. That's why, when I was specially invited as the chief speaker at the state-level program of NAPM (National Alliance of People's Movements) in West Bengal, I tried for the first time to speak about this book and how India has fallen into the hands of such people today. Liberating it should be our primary goal.
What can people do in the intoxication of power? This is what one feels after reading this book. And how helpless our country's 75-year-old constitutional institutions are forced to support these butchers? In an era when India's record in investigative journalism has fallen to very low levels, people like Niranjan Takle give a ray of hope.
In a country of 140 crore people, there is someone whose conscience is still alive. Without caring for his career, he has already exposed how so-called "brave" Savarkar was actually cowardly. What lengths can the current rulers go to for power? Niranjan Takle has sketched this out, risking his own and his family's safety while gathering facts for this book. For this effort, he deserves the world's highest journalism award.
Looking at his work, I am reposting this on the occasion of the 25th death anniversary of Gaur Kishor Ghosh, a Kolkata-based journalist from the Anand Bazaar Patrika in the 1970s. He fearlessly wrote against the then-government and the so-called Naxalites in his column "Aamake Bolte Dao" (Let Me Speak Too), published in Anand Bazaar and Desh magazines. An edited collection was published in English as "Let Me Speak." The foreword was written by Barrister V.M. Tarkunde. The most surprising part: because of this writing, the so-called Naxalites' people's court sentenced him to death. But ignoring this sentence, Gaur Kishor Ghosh neither took government security nor accepted security offered by the Anand Bazaar group.
This is the same Gaur Kishor Ghosh who, on June 25, 1975, upon seeing Indira Gandhi's Emergency declaration on the office teleprinter, sat on the footpath below his office and got his head shaved by a barber, proclaiming "Janatantra Mara Gelo" (Democracy is Dead) in an innovative satyagraha on Kolkata's streets. Rejecting then-Chief Minister Siddhartha Shankar Ray's plea to go home, he was imprisoned in Alipur Jail for 19 months during the Emergency.
In July 1976, when China's Chairman Mao Zedong died, Maoist prisoners in Alipur Jail organized a tribute program. Hearing about it, Gaur Kishor Ghosh walked barefoot to join. Seeing this, the Maoists asked, "Why have you come barefoot?" Gaorda replied, "In our culture, when an elder family member dies, we walk without slippers and cap in respect."
Niranjan has upheld the honor of Marathi-speaking people. Otherwise, from the founding of the RSS to Hindu Mahasabha, Vishwa Hindu Parishad, Shiv Sena, Nathuram Godse, and his mentor Savarkar—all were Maharashtrian. You are trying to atone on behalf of all of us. That's why I am starting to take this book to every corner of India in the coming time, specially to congratulate you.
Perhaps in eighth grade, when I was studying, at the insistence of my geography teacher B.B. Patil, I started attending RSS shakhas for a few days. There, stories of how cruel Muslim kings were—killing fathers, brothers, sisters, or anyone in the path of power—and spiced-up tales of atrocities on Hindus during Partition created a very negative image of the Muslim community. Before returning home from shakha, I would deliberately go to Muslim neighborhoods and abuse them. But the Muslims in our village, dependent on land-owning people like us (similar to Dalits and Adivasis), could only stare back helplessly. I considered this my bravery.
This is the situation across the country to a greater or lesser extent. Hindus are over 80%, and though upper castes are less than 10%, they still control society per Manusmriti. That's why Dr. Babasaheb Ambedkar called on Dalits to "leave villages and head to cities." Dalits, Adivasis, minorities—all depend on upper-caste benevolence. The RSS exploits this by spreading hate stories in shakhas through so-called "intellectual" sessions and games, all anti-Muslim. From such shakhas, a 17-year-old Narendra or Amit absorbs this poison and walks life's path with it. What can one expect from them? This is the Indian edition of Germany's SS from 100 years ago—the RSS.
The political wing of the same RSS, calling itself a "party with a difference"—the Bharatiya Janata Party—seeing its grotesque face, it seems "perhaps in the game of power, everyone in the hammam is naked alike." From the Ram Janmabhoomi movement to Gujarat riots, establishing oneself as the sole Hindu Hriday Samrat—the 2002 riots made the post-2000 decade a black chapter for Gujarat. Then Haren Pandya's murder in 2003, and 22 killings from 2003-2006, which the Supreme Court called "extra-judicial killings."
These 22 included Sohrabuddin, his wife Kauserbi, and associate Tulsiram Prajapati. Due to a letter from Sohrabuddin's brother Burhanuddin to a Supreme Court judge, the SC ordered an internal probe by Gujarat Police. Gujarat government appointed Geeta Johri, who in 2006 reported "Amit Shah's involvement." In 2007, several officers were jailed.
Finally, in 2010, SC handed the case to CBI. Before that, in July 2010, Amit Shah was jailed (though bailed in three months). The case was first assigned to Justice J.K. Utpat, but transferred in June 2014, violating SC's 2012 order for one judge throughout.
Then Justice Brijgopal Loya was assigned. On December 1, 2014 morning, he was found dead in Nagpur's VVIP Ravi Bhawan guest house. His replacement, Justice M.B. Gosavi, took over on December 15 and decided in two days—without considering 100+ witnesses, 10,000+ page chargesheet, hundreds of call records. On December 30, 2014, Amit Shah was discharged, calling it a political conspiracy.
On April 19, 2018, our highest court dismissed demands for probe into Loya's mysterious death, stamping the accused innocent without needing investigation. The case was handled with massive conspiracy; all accused freed, some reinstated in law enforcement roles.
What kind of state system are we living in? Who controls our Constitution and institutions, including Parliament? In 2023 winter session, 140+ opposition MPs suspended; bills on farmers, citizenship, labor rights changed for industrialists—20+ bills passed without discussion. In that chaos, slyly removed Chief Justice from Election Commission selection committee, replaced with Home Minister—ensuring ruling majority. No legal action against commissioners lifetime. Purpose? Today's controversial EC, elections in Maharashtra, Haryana, recent Bihar—most disputed post-independence.
Similarly, handing public sector to favored private masters, eroding human rights in name of security. Suppressing freedom of expression, using old cases against hate speech or critics. Amending Constitution via IPC to silence government criticism.
On June 25, 1975, Indira Gandhi formally declared Emergency. But for 11+ years, we live in undeclared Emergency. L.K. Advani told Shekhar Gupta in 2015 (on 40th anniversary) we were in undeclared Emergency for a year then. Now over 11 years—Indira's was 19 months.
In 1977, democratic parties and civil society united against it.
Today in India, few journalists uphold true journalism. One is Niranjan Takle, who first in Caravan magazine, then in May 2022 via Dhamm Ganga Publications, Aurangabad, published Who Killed Judge Loya?—315 pages. Second edition in June; translated to Marathi and others.
This is one book on CBI Special Court Judge Brijgopal Harkishan Loya's death on November 30 night/December 1, 2014 in Nagpur. On November 30, Loya came with judge friends from Mumbai for a wedding. "Except on 29 November 2014, Loya was told to join two colleagues on a sudden trip to Nagpur... Judges Kulkarni and Modak insisted... Turns out, Judge Sapna Joshi's daughter was getting married." Stayed at government Ravi Bhawan. Age 47. Shockingly, on November 30, he spoke to wife till 11:45 PM. After midnight, taken ill, to ordinary Dande Hospital in Ravinar, by auto-rickshaw—from Ravi Bhawan (no auto stands nearby 2-3 km).
Most important: Ravi Bhawan for VIPs, always vehicles available—why auto for CBI Special Judge (High Court equivalent)? Why remove Z+ security a week before Nagpur trip? Kulkarni and Modak insistently took him from court direct to Mumbai-Nagpur Duronto train—sudden, no prior invite (else he'd tell wife). Sudden, so phoned home from Haji Ali for bag to station.
Same Kulkarni-Modak took him to Dande (ordinary) despite government/private medical colleges, Wockhardt, heart hospitals nearby. Suspicious.
His sister, Dr. Anuradha Biyani (Dhulia civil hospital), seeing body, demanded re-postmortem: "injury under neck, back of head... clothes in polythene—shirt blood-soaked, jeans belt twisted opposite, broken buckle right side." Ignored; midnight cremation without media.
A non-smoking, non-drinking fitness freak (no family cardiac history) dies of cardiac arrest at 47. Bloodstains, broken buckles, head trauma signs. Midnight postmortem, panchnama not supplied. Replacement judge trials two days, reserves order longer. Like retiring captain mid-tour. Aspersions continue.
The book details these questions. After reading, I'm shocked: how dangerous people on India's highest posts, responsible for 140 crore's law/order.
In a country where a judge must lose life, what value for common people? This reveals our parliamentary democracy's state!
In prologue (page IX), author Niranjan Takle writes: "My story concerns one of BJP's pillars. As I write, Mr. Amit Shah is 57, India's Home Minister after 6 years as BJP President. Likely second most powerful as PM's right-hand.
On 20 November 2017, I posted Caravan article on trial where he was main accused: 'A Family Breaks Silence: Shocking details... Sohrabuddin trial.' Next day: 'Chief Justice Mumbai High Court Mohit Shah offered Rs 100 crore... for favorable judgment: Late Judge Loya's sister.'
These created storm, national/international attention (likely why you noticed this book). Millions read. Civil society, activists, media, parties, even Supreme Court noted—called 'extremely serious,' transferred PILs to itself. Unprecedented.
Articles never directly blamed, but on Amit Shah.
Shah jailed July 2010 for alleged involvement in Sohrabuddin/Kausarbi 2005, Tulsiram 2006 deaths. SC-appointed CBI Special Court; Shah prime accused.
First judge J.T. Utpat, transferred June 2014 violating 2012 SC order.
Replaced by Brijgopal Harkishan Loya.
Loya died mysteriously early December 1, 2014.
New judge M.B. Gosavi resumed December 15, concluded two days.
When 100+ witnesses, 10,000+ pages, hundreds call records conclude in 48 hours—even toddlers foresee verdict. Indeed, December 30, 2014, Shah discharged, citing political motivations.
Official: died 6:15am coronary insufficiency.
But my investigation uncovered sinister facts. Obstacles, truth reflect politicians breaking judiciary, institutions preserving status quo, apathy over action. Substantiated account of broken bodies governing us.
Above all, tragic tale of silenced esteemed judge, coerced family, people losing faith in humans/government. Their story as much as mine—if not more.
As investigative journalist, tried system change. Researched cautiously, laid facts in Caravan. Trusted people with truth. Four PILs later—nowhere.
Five months later—April 19, 2018—watched dismay as Supreme Court dismissed independent probe pleas. Clear: no conspirators declared innocent; court saw no need for probe.
Calling travesty presumes justice was option.
My increased cynicism with Supreme Court. System imperfect, but judicial hypocrisy symptom of larger cancer starting with Sohrabuddin trial.
Frivolity handling case, bribery/conspiracy/murder stench, perpetrators free (streets and power corridors) boundless.
Due to controversy, two PILs in Mumbai High Court. Supreme Court also two PILs; hearing details pages 286-303, Chapter 15 "The Judgement."
First, former Mumbai High Court judge wrote to then-Chief Justice for judicial probe; former SC Justice A.P. Shah publicly supported. Two PILs in Mumbai HC—one activist, one Mumbai Lawyers Association—demanding independent probe.
But our highest court slyly buried it forever, damaging India's remaining respect.
Now only through Gandhian community satyagraha and movements everywhere—after removing current government—will we know how Justice Loya died.