The bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud will hear the case on Friday (January 12).
Calling the public outburst of four senior-most judges of the Supreme Court as "unprecedented", Congress chief Rahul Gandhi demanded that the death of judge B M Loya, who had presided over the Sohrabuddin fake encounter case, be investigated under the supervision of the apex court.
The plea was filed by Maharashtra-based journalist B.R. Lone. The bench said it would consider the objections.
Before the commencement of hearing senior counsel Dushyant Dave, representing Bombay Lawyers' Association said the high court was already seized of the matter and the top court should refrain from hearing the issue.
Judge Loya was hearing the fake encounter case against Amit Shah, who also had to serve time in jail before being released. Specifically the Honorable Judges have highlighted issued two issues, One, the long silence of the government of India of the Memorandum of Procedures finalised by the Supreme Court.
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Loya, who had travelled from Mumbai to Nagpur to attend the wedding of a colleague's daughter, suffered a cardiac arrest and died on December 1, 2014. They had also sent a copy of the letter to the acting Chief Justice of Bombay High Court.
Some accounts have claimed that the judge's death occurred under mysterious circumstances and there have been demands for a probe into the circumstances of his death. Lone contended that a fair probe was needed into the "mysterious death" of Loya.
The issue came in the spotlight in November previous year after a report by Caravan magazine linking the circumstances surrounding his death to the trial in the Sohrabuddin case.
"We are filing an intervention with the Supreme Court to have this case heard by Bombay High Court, which is in charge of the subordinate judiciary of Maharashtra of which Judge Loya was a part", Abdi said. Another petition has also been filed by Congress leader Tehseen Poonawala on the same issue. BJP has insisted that the case was political in nature and had been framed with an eye on the 2014 Lok Sabha election.