"We would like counsel for state of Maharashtra to seek instructions and file the post mortem report and other relevant documents by January 15", a bench of Justices Arun Mishra and M M Shantanagoudar said.
A 3-judge Bench, headed by Chief Justice Dipak Misra, had agreed on Thursday to an urgent hearing on the petition and listed it before this Bench. "If the court goes ahead with the hearing, it may have implications before the High Court", Dave said. It also observed that the matter is serious and has to be heard.
Justice Loya was over looking the judgement on the Soharbuddin Sheikh encounter case, in which, according to the CBI, Amit Shah had been responsible for the murder of Soharbuddin, along with his wife and a friend, who had been an eye witness of Sheikh's killing.
The court did not entertain the submission and said, "We will not come in the way".
Senior advocate Indira Jaising, appearing for journalist Lone, told the Court that she has also got instructions from the Bombay lawyers association that this matter should not be heard by the top court.
Loya died of cardiac arrest in Nagpur on Dec 1, 2014, when he had gone to attend the wedding of a colleague's daughter.
"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".
Justice Loya's death in mysterious circumstances had become one of the most debated issues of the previous year, and it looks like the case has bled into the year as well. "In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry".
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. The case was later transferred to CBI and the trial was shifted to Mumbai.