Gujarat HC orders CBI probe

DNA
Wednesday, Sep 26, 2012, 14:08 IST 

Severely criticising the Gujarat police for its ‘unfair’ probe in the murder case of RTI activist Amit Jethwa, a division bench of Gujarat high court, on Tuesday, handed over the probe to CBI. It also directed the investigating agency to submit its report within six months.

The development is another embarrassment for the BJP, just a couple of months or so before the state assembly elections. Amit Jethwa’s father, Bhikha Jethwa, has alleged that BJP’s Junagadh MP Dinu Solanki was behind the killing of his son, who was shot outside Gujarat high court on July 20, 2010.

The probe by Gujarat police had given a clean chit to Solanki. However, court observed that investigation by Gujarat police was far from satisfactory. The court said that it is compelled to transfer the case to the CBI to instill confidence and sense of justice in the probe.

Solanki is the BJP’s fourth leader in the state to be caught in legal web. BJP MLA and former minister of state for home, Amit Shah is already facing murder charges in Sohrabuddin Sheikh and Tulsi Prajapati fake encounter cases.

Minister of state for fisheries, Parshottam Solanki, is also facing the heat in the Rs400 crore alleged fisheries scam. Another former state minister and sitting BJP MLA, Maya Kodnani has already been sentenced to 28 years jail term in the Naroda Patiya case.

The bench of justices DH Waghela and JC Upadhyay also turned down the request of government pleader to stay the order for three weeks to enable the government to challenge it in the SC. The court also asked the police to hand over all papers related to the case to the CBI within 10 days.

Granting Amit Jethwa’s father Bhikha Jethwa’s request for a probe by CBI into Dinu Solanki’s role in the case, the court observed, “Investigation into the murder of petitioner’s (Bhikha Jethwa) son does not appear to have been carried out in conformity with 
the legal provisions and the control exercised by one police officer of a very high rank.”

Observing that investigation in the case was far from being fair, independent, bonafide or prompt, the bench further said, “…There is 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 acquaintances and family members of the deceased.”

Expressing satisfaction over the court’s directive, Anand Yagnik, counsel for Bhikha Jethwa said, “The court has not accepted state police’s claim that they have done a fair investigation in the case.”

Earlier on February 29, Raghvendra Vats, SP of Surendrangar had given a clean chit to Dinu Solanki in the final report submitted before the high court. It is said that in the final report the police probed allegation of money given to Shailesh Pandya (sharp shooter) to kill Amit Jethwa, bank accounts and businesses of Dinu Solanki, and his mobile call details, but no evidence was found against him.

Vats was probing the case as per the directive of the high court which had entrusted the probe to ADGP level officer of the crime branch.

RTI activist Amit Jethwa was killed opposite Gujarat high court premises on July 20, 2010 during pendency of a PIL filed by him against illegal mining within 5-km prohibited periphery of Gir forest by and at the behest of Dinu Solanki.