CBI registers case in RTI activist Amit Jethwa's murder

IBN Live

Oct 09, 2012

New Delhi: CBI on Tuesday registered a case in connection with the sensational 2010 killing of RTI activist Amit Jethwa outside the Gujarat High Court in which a state BJP MP is a suspect. The agency started probe on the instructions of the High Court which had handed over the case to CBI and criticised the state police for their shoddy investigations in the murder in which BJP MP from Junagadh Dinu Bogha Solanki's nephew Shiva Solanki was arrested for allegedly carrying out the killing but the MP was given a clean chit. The agency has registered the FIR against unknown persons under Section 302 (murder) of IPC, CBI sources said. The team of special crime unit would soon be reaching Ahmedabad to initiate its probe in the case, they said.

A Right to Information (RTI) and environment activist, Gujarat-based Jethwa, who had filed numerous RTI applications and a PIL against illegal mining in Gir forest region, was shot dead outside the Gujarat High Court on July 20, 2010. The killing had sparked uproar among the RTI activists across the country who raised concerns over the safety of such whistleblowers. His father Bhikabhai Jethwa had sought a CBI probe alleging that Dinu Bogha Solanki was behind the murder.

In his plea before the High Court, Bhikabhai has alleged that state police had not properly probed the case and the state government was shielding the BJP MP. The division bench of Justices DH Vaghela and JC Upadhyay, on September 25, while handing over the case to CBI had observed that investigation in Jethwa murder case was "far from fair, independent, bona fide or prompt". The High Court had also rapped the state police for its shoddy probe.

"It has come on record that Shiva Solanki (nephew of BJP MP and prime accused in the case) and DB (Dinu Bogha Solanki) were living together in a joint family and no investigator could have been easily satisfied with the statements that they did not interact in respect of the conspiracy to commit a capital crime," it had said.

Police had arrested six persons including Shiva and sharp shooter Sailesh Pandya, who had shot at Jethwa but it ruled out any involvement of Dinu Bogha Solanki in the murder. The court later directed the police to specifically probe the role of the BJP MP but Solanki got a clean chit again.

Jethwa had filed several petitions in the Gujarat High Court including a Public Interest Litigation in connection with illegal mining in Gir forests in Junagadh district which is a protected area and last home to Asiatic lions. The bench while conceding the demand of the RTI activist's father Bhikhabhai,had severely criticised the investigation into the case conducted by Gujarat police.

"The commission of murder, in the facts of the present case, amounted to an affront to the judicial system and a challenge to implementation of an Act of Parliament, with national repercussions and has to be viewed seriously," the bench had observed. It had asked the central agency to complete further investigation and file the report, preferably within six months. "Murder of a petitioner in a PIL and an RTI activist, in front of the High Court, could be read as a clear message to the concerned citizens that they may have to pay by their lives, if they insist upon using the tools placed in their hands by law and approach the court for redressal of public grievance against some individuals," it had said.

High Court hands over Amit Jethva murder probe to CBI

indianexpress

Ahmedabad, Wed Sep 26 2012

Police come under heavy fire for probe that was ‘controlled’ to let off BJP MP Dinu Solanki.

Slamming Gujarat Police for its “controlled” investigation into the murder of RTI activist Amit Jethva, a division bench of Gujarat High Court on Tuesday ordered a CBI probe in the case.

In the recent past, this is the sixth criminal case wherein the probe has been transferred to the CBI either by HC or the Supreme Court.

BJP MP from Junagadh, Dinu Solanki, is a prime suspect in the Jethva murder case although Gujarat Police had given him a clean chit.

Since the beginning, the High Court has maintained that the probe in the case was “controlled” to close it after filing a chargesheet.

Jethva was shot dead outside the HC building on July 20, 2010, days after he moved a public interest litigation (PIL) against illegal mining in Junagadh. Jethva had directly held Solanki responsible for the illegal work and following his PIL, the HC had made Solanki and his nephew Pratap alias Shiva as respondents to the petition.

“ ... progressive steps cannot be allowed to be nullified and no one should face a threat to his life when he approaches a court of law to exercise his right of access to justice. In such milieu, murder of a petitioner in a PIL and RTI activist, in front of the High Court, could be read as a clear message to the concerned citizens that they may have to pay by their lives if they insist upon using the tools placed in their hands by law and approach the court for redressal of public grievance against some individuals,” observed the bench consisting of Justice D H Waghela and J C Upadhyay.

The bench termed the investigation by Gujarat Police as “far from fair, independent, bona fide or prompt”.

The bench pronounced its judgment while acting on a petition moved by Jethva’s father, Bhikha, who had alleged that the Gujarat Police was shielding Dinu Solanki.

The case was first investigated by Sola Police Station, then by Ahmedabad City Detection of Crime Branch (DCB) and later by a Special Investigation Team (SIT) led by Surendranagar district’s Superintendent of Police, Raghvendra Vatsa. The DCB arrested six persons in the case, including Dinu Solanki’s nephew Pratap alias Shiva Solanki. Vatsa endorsed the DCB probe by giving a clean chit to Dinu Solanki.

While criticising the investigation as “controlled” at every level, the HC also made a terse remark that additional DGP Mohan Jha was supervising the case throughout. “Mohan Jha continued to guide and control even the further investigation under the orders of this court and, therefore, it was unlikely that any new line of investigation could be pursued which might affect the chargesheets already submitted,” the court observed.

Highlighting the lapses in the police investigation, the HC said the police did not wait for the deceased’s family members or contact them to come and lodge the FIR, or else Solanki’s name could have figured in the FIR itself. The court also observed that police did not act on the FIR for 25 days and it was “cracked” in one day after the investigation was transferred to the DCB on August 15, “a national holiday”.

The bench also observed that police did not carry out any independent investigation and only followed the statements of the arrested accused while claiming to have cracked the case.

DCB officials also did not include in its chargesheet the statements of some independent witnesses who were naming Dinu Solanki in the case.

The court also highlighted other important lapses like the missing memory card from Jethva’s mobile phone, non-recording of Dinu Solanki’s statement till the arrest of the chargesheeted accused and reliance on the accused rather than on relatives of the deceased.

Direct threat to the judicial system

outlookindia

AHMEDABAD | SEP 25, 2012

Terming the murder of an RTI activist Amit Jethwa a direct threat to the judicial system and a challenge for the implementation of the RTI Act, Gujarat High Court today ordered a CBI probe into the case.

The division bench of Justices D H Vaghela and J C Upadhyay, today while conceding the demand of the RTI activist's father Bhikhabhai, also severely criticised the investigation into the case conducted by Gujarat police.

"The commission of murder, in the facts of the present case, amounted to an affront to the judicial system and a challenge to implementation of an Act of Parliament, with national repercussions and has to be viewed seriously," the bench has observed in its judgment.

A Right to Information (RTI) activist, Jethwa, who had filed numerous RTI applications and a PIL against illegal mining in Gir forest region, was shot dead outside the Gujarat High Court on July 20, 2010.

"Murder of a petitioner in a PIL and an RTI activist, in front of the High Court, could be read as a clear message to the concerned citizens that they may have to pay by their lives, if they insist upon using the tools placed in their hands by law and approach the court for redressal of public grievance against some individuals," court observed.

"Therefore, it is of utmost importance that the case on hand is thoroughly investigated and properly prosecuted by independent and competent officers, so as to inspire confidence and reaffirm faith of the people in rule of law," court has added.

Court has asked the central agency to complete further investigation and file the report, preferably within six months. "Till CBI files report to the court of competent jurisdiction, further proceeding pursuant to the chargesheets submitted by Gujarat police, shall remain stayed," court has ordered.

"Investigation in Jethwa murder case was far from fair, independent, bona fide or prompt... In the interest of justice and to instill confidence in the investigation into a serious case having far reaching implications that we order that further investigation int the case shall be transferred to CBI," the court observed. 

"Investigation into the murder of the petitioner's son does not appear to have been carried out in conformity with the legal provisions," the court observed further.

The probe in this case, which was carried out under the supervision of SP of Crime Branch (Ahmedabad) Mohan Jha, has come under severe criticism from the court.

"The control exercised by Mohan Jha, in-charge of the Crime Branch at that time, all throughout and even after the orders for further investigation by this court, provides sufficient ground to conclude that the investigation was controlled and the line of investigation was determined and supervised so as to put to naught the suspicion raised by the family members of the deceased," it said.

Court has also, in its order, has cleared the motive behind the killing of Jethwa, as his being an RTI activist.

"So many people, whose vested interests may have been affected by his applications under the RTI Act, could have a motive to contribute into his killing," court has added.

"Therefore, it is imperative that proper and comprehensive investigation is undertaken by an agency, which is not under the control of the state government," it said.

Though the court has refrained from commenting on what line of investigation should have been taken, it has overtly expressed some doubts about the efforts by the state police, in "shielding" the BJP MP Dinu Bogha Solanki.

"It has come on record that Shiva Solanki (nephew of BJP MP and prime accused in the case) and DB (Dinu Bogha Solanki) were living together in a joint family and no investigator could have been easily satisfied with the statements that they did not interact in respect of the conspiracy to commit a capital crime," court has observed.

Court has also directed the Gujarat police to hand over all the papers of the investigation to the CBI within 10 days and to cooperate with the agency.

After the pronouncement of the judgement, the government pleader requested for a stay of three weeks to challenge the order in the higher forum, which was rejected by the court.

Father of Amit, Bhikabhai had approached the high court saying that the state police had not properly investigated the case. Bhikabhai had alleged that BJP MP from Junagadh Dinu Solanki was behind the murder but the state government was shielding its own MP.

In its investigation Gujarat police had given clean chit to Solanki.

Gujarat police has arrested six people in the case including nephew of BJP MP Shiva Solanki and the sharp shooter Shailesh Pandya, who had fired at Jethwa.

"I am happy that the investigation will be carried out by the CBI. Now, I will get justice," Bhikhabhai said.

HC slams probe

timesofindia

TNN | Sep 26, 2012, 05.30AM IST

 While transferring the Amit Jethava murder case to CBI, the division bench of Gujarat high court has highlighted how cops botched up investigation at every stage right from registering the FIR.

The high court has found that the probe was not carried out in conformity with legal provisions. Citing the reason for handing over the case to CBI, the court said, "The control exercised by one police officer of a very high rank, all throughout and even after the orders for further investigation by this court, provides sufficient ground to conclude that the investigation was controlled. And the line of investigation was determined and supervised so as to put to naught the allegations made and the suspicion raised by the acquaintances and family members of the deceased."

The court also highlighted that additional DGP Mohan Jha was in control of the investigation from the day FIR was lodged. The court also noticed that Jha remained reporting authority for the investigating officer Raghavendra Vatsa even when the probe was transferred on court order.

The court noticed that since the probe continued to be under Jha's monitoring and guidance, there was no possibility that probe could proceed further on any new line.

Besides, the court highlighted the facts showing how the investigators - Sola police and the city crime branch followed the leads by accused after their arrest. Instead of working on suspicion expressed by witnesses and relatives of the victim, the cops chose to limit their probe to statements given by the accused persons.

From how the FIR was lodged under guidance of many senior officers, the court took notice of the fact on how investigation at a later stage was paralyzed by a "cryptic" court order in rejecting remand of accused person. This was followed by a bad advice to the investigation officer by public prosecutor that the lower court's order should not be challenged.

"A perfunctory investigation on the basis of statements of the accused persons themselves may not unearth the whole truth and meet the ends of justice. Therefore, it is imperative that proper and comprehensive investigation is undertaken by an agency which is not under the control of the state government," the court said.

Gujarat HC orders CBI probe in RTI activist’s death

deccanherald

Ahmedabad, September 25, 2012

In a further blow to the Gujarat Police, the High Court on Tuesday ordered for a CBI probe into the murder of RTI activist Amit Jethwa, allegedly killed at the behest of land and mining mafia in July 2010 at the High Court premises. 

Jethwa was at the forefront of exposing illegal mining and land encroachments in and around the famous Gir Sanctuary, home to the Asiatic lions. He was shot dead from a close range in the HC campus where he was following up on his petition filed against BJP MP from Junagadh Dinu Solanki.The crime branch, which had carried out the initial investigations, arrested about half a dozen people including Solanki’s nephew Shiva Solanki for hiring contract killers. 

Curiously, the crime branch had given a clean chit to the BJP MP. Dissatisfied with the probe, Jethwa’s family approached the HC demanding an independent investigation by the CBI.  

Family’s council Anand Yagnik said, “The court, while directing a CBI probe, expressed dissatisfaction over the investigation carried out by the crime branch and has ordered appointment of a special officer by the state police.”