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.”

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.

Jethava case: Investigator seeks nod for narco test

TimesOfIndia 23 Dec,2011

AHMEDABAD: Superintendent of police Surendranagar, Raghavendra Vatsa, who is probing the RTI activist Amit Jethava murder case, has sought permission to conduct narco analysis on six arrested accused. Vatsa has filed an application in the sessions court in this connection.

Vatsa said that the test is necessary to ascertain whether the member of parliament, Dinu Solanki, is connected to the murder case. The slain activist's father Bhikha Jethava had accused Solanki of masterminding his son's murder.

Amit was shot on July 20, 2010, at 8.30 pm outside the Gujarat high court by two persons. A complaint was later lodged with the Sola police. Investigation in the case was later handed over to crime branch and six persons were arrested including two shooters. Solanki's nephew Shiva Solanki was also among those arrested.

Not convinced by the police investigation, Bhikha moved the Gujarat high court, alleging that Ahmedabad crime branch was trying to shield the MP. On November 12, HC handed over the probe to Surendranagar SP. Vatsa had sought police remand for all the six accused on December 7. However, the remand application was rejected. Vatsa then questioned the accused inside the Sabarmati Central Jail.

After this session, Vatsa told the court that the accused were hiding more than they were ready to reveal. To unearth the truth, he felt, that the accused should be subjected to forensic interrogation through narco and lie-detection tests.

Vatsa cited six reasons for conducting the narco test. He told the court that he had grilled all the accused between December 12 and 14. "When I asked them about Solanki, all the accused gave unsatisfactory replies and seemed to be hiding much," he said . Two other accused - Bahadur Vader and Sailesh Pandya - were questioned about the weapon used to shoot Amit. Vatsa told the court that both gave contradictory statements.

In a similar manner, when an accused Pachan Desai was asked about the car used in the murder, he too gave contradictory statement about the ownership of the vehicle.

Now, Surendranagar SP to probe Jethava murder

TimesOfIndia 13 Nov, 2011

AHMEDABAD: Investigation in the murder of RTI activist Amit Jethava has been transferred from the city crime branch to Surendranagar SP Raghavendra Vats after the Gujarat high court ordered a further probe, sources said.

Jethava was shot dead in front of the high court premises on July 20 last year.

On October 19, HC directed further investigation in this case by a Class I officer of the IPS rank under the supervision of the special commissioner, crime branch or an officer of rank of additional DGP. Instead of handing over the probe to a higher probe agency like CID (crime), the state government chose to shift it to the district police, which lacks resources for detection of the offence in comparison with the crime branch, sources said.

However, special commissioner Mohan Jha will continue to supervise the investigation.

Interestingly, HC has granted time till November 28 to complete the further probe. However, it took nearly 20 days for the government to transfer the probe. Surendranagar SP only has 16 days to complete the task now.

HC ordered further investigation after Jethava's father Bhikhalal alleged that the probe agency was shielding Junagadh BJP MP Dinu Bogha Solanki and not probing beyond the role of his nephew Shiva. This despite the fact that Jethava had made specific accusations against him in his PIL against illegal mining in the Gir Sanctuary.

The crime branch recorded Solanki's statement only after HC began questioning the probe. A bench headed by justice D H Waghela even asked the crime branch whether recording Solanki's statement was adequate from the angle of probing his involvement in the case.

NDTV Indian of the year 2011

NDTV 18 October  2011

New Delhi:  NDTV gave out the Indian of the Year Awards 2011 in New Delhi today. This award honours individuals who helped build brand India through their outstanding contributions.

The winners this year are:      
 1. Indian of the Year - Anna Hazare and Arvind Kejriwal  
2. India's Heroes - Team India, World Champions  
3. Entertainer of the Year - Team Zindagi Na Milegi Dobara  (Hrithik Roshan, Katrina Kaif, Farhan Akhtar, Kalki Koechlin, Abhay Deol, Ritesh Sidhwani and Zoya Akhtar)  
4. Entertainer of the Year (Music) - Shankar, Ehsaan, Loy  
5. Lifetime Achievement Award - Dev Anand & Rahul Dravid  
6. LIC Unsung Hero of the Year - RTI activists Amit Jethwa, Dattatreya Patil, Vishram Dodiya, Satish Shetty and Vitthal Gite  
7. Transformational Idea of the Year Award - Nandan Nilekani
 8. Icon of India - N R Narayana Murthy

‘Probe Amit Jethwa murder further'

The Hindu 20/10/2011

Crime Branch probe beset by high political links, claimed Jethwa's father

A Division Bench of the Gujarat High Court on Wednesday ordered further investigation into the murder of RTI activist Amit Jethwa, based on a complaint by his father, Bhikhabhai Jethwa, alleging that the Crime Branch was not probing the case properly because of high political links.

The Bench ordered that the probe be supervised by an IPS officer of the rank of Additional Director-General and asked the police to submit the report by November 28 and scheduled the next hearing for November 29.

Amit Jethwa, who was also an environmentalist, was killed on July 20 last year, right in front of the Gujarat High Court by two motorcycle-borne assailants. The police arrested six persons, including Sailesh Pandya, who, they claimed, had actually pulled the trigger, but did not find any link with BJP MP from Junagadh Dinu Solanki, believed to be connected with alleged mining mafias in the area.

The senior Jethwa, in his petition, had claimed that both he and Amit had received several threats from Mr. Solanki because his son was “exposing” the mining mafias through his RTI queries.

Probe deeper in Jethava murder case: HC to cops

TimesOfIndia 20/10/2011


AHMEDABAD: The Gujarat high court on Wednesday asked the city police to conduct further investigation in the murder of RTI activist Amit Jethava.
The high court has decided to monitor this case again. It directed that the probe be carried out under direct supervision of two senior police officials - ADGP of CID (crime) and special commissioner of city crime branch. A bench constituting Justice D H Waghela and Justice J C Upadhyay also directed that the further probe will be conducted by an IPS officer.
Jethava's father Bhikhalal has sought CBI inquiry into the murder on the ground that the investigating agency was shielding BJP MP from Junagadh Dinu Bogha Solanki.
Jethava was shot dead on July 20 last year in front of HC campus, a few days after he filed a PIL demanding court directions to curb illegal mining activities in prohibited Gir sanctuary. He had accused the BJP MP in his petition. The high court monitored the probe for some time but stopped after the petition was disposed.
Six persons including Solanki's nephew, Shiva, were arrested for the murder. After the arrest and filing of two chargesheets, the city crime branch did not move ahead in its probe. This led Jethava's father to move HC with a complaint that police were shielding the Junagadh MP.
When the high court inquired about status of the investigation and particularly what efforts were made to determine Solanki's involvement in the case, the state government could not put forth satisfactory reasons for not investigating alleged role of the parliamentarian.
On HC query, the state government admitted that Solanki's call details were also not fully scrutinized. The crime branch recorded Solanki's statement after Jethava's father moved the high court. However, the judges were not convinced with the efforts and observed that mere recording a statement does not mean investigation.
Finally, the judges asked the investigating agency to complete further probe as per provision of section 173
(8) of CrPC
and place the report before the court by November 28. The court has kept further hearing the next day with observation that final order on the petition demanding CBI probe would be passed after submission of investigation report.

HC orders probe in Jethava’s murder case

AhmedabadMirror 20/10/2011

HC took note of the allegations made by Bhikhabhai, father of the slain RTI activist


Gujarat High Court on Wednesday ordered further probe into the murder of RTI activist Amit Jethava. A division bench comprising Justice D H Waghela and Justice J C Upadhyay directed that the probe be supervised by an IPS officer of the rank of Additional Director General of Police and the report be submitted by November 28.
 
The court issued the orders taking note of allegations made by slain activist’s father Bhikhabhai Jethava, who had expressed dissatisfaction with the ongoing probe and prayed for transfer of case to the CBI.  

Amit was shot dead by two assailants near Gujarat High Court on July 20, 2010. The incident took place soon after he filed a Public Interest Litigation (PIL), seeking court directions against illegal mining allegedly by BJP MP from Jungadh, Dinu Solanki in Gir wildlife sanctuary. 

Bhikhabhai had later approached HC alleging that Dinu Solanki, was behind the killing, and the city crime branch was reluctant to carry probe against him. Jethava alleged that he and his son had received several threats from Solanki in the past. Bhikha had also contended that he did not have faith in the crime branch, as some of its officials have been involved in the fake encounter.

Notice to govt to stay development of lands under M B Shah probe ambit

TheTimesOfIndia 02/09/2011

AHMEDABAD: Bhikhabhai Jethava who sought the appointment of a Lokayukta in a petition before the high court, on Thursday dashed off a legal notice to the state government seeking direction to stay industrial houses from developing plots, that are under the judicial scrutiny of the justice M B Shah commission of inquiry.

The state government set up the inquiry commission by a notification on August 16 to probe 17 different charges leveled by the opposition party against the Narendra Modi government by tendering a memorandum to the governor. Nine of these accusations of corruption are related to allotment of land to different companies to set up industries and hotels.

Jethava is expecting the authorities' reply within three days; else he has threatened to take the issue to the Gujarat high court by filing a writ petition.

Stop Work on Lands Under Probe: Jethva's Father

OutLookIndia 01/09/2011
Bhikhalal Jethava, father of the slain RTI activist Amith Jethava, today sent a legal notice to Gujarat government seeking a freeze on development activities on all lands, the allotments of which are being probed by the M B Shah Commission for alleged irregularities.

The Narendra Modi government, on August 17, appointed Justice Shah, a retired judge, to head a commission of inquiry to probe allegations of corruption; especially those levelled by the Gujarat Congress against state government in a memorandum submitted to the President earlier.

The allotments under the commission's scanner include ones to the Tata (for Nano plant), Adani Group (for Mundra Port and Mundra Special Economic Zone), Essar Group, L&T (in Hazira, Surat) and other allotments to the industrialists near major cities.

Jethava, through his lawyer Anand Yagnik, has sent a notice to the Chief Secretary and the Principal Secretary, Revenue Department, demanding that a notification be issued to stop development on these lands.

"It is necessary that till the Commission completes its inquiry...And makes recommendations, all the allottees be directed not to develop the land," Jethava's notice said.

"If the allottees are permitted to develop the land in question, then the inquiry will be inconsequential," it said.

Jethava's notice further stated that if the industries put up constructions on these lands, then irrespective of the outcome of commission's inquiry, it would be difficult for the government to take them back and put them to another use.

Amit Jethava, a Right To Information Act activist who carried on a campaign against illegal mining in Gir sanctuary area, was shot dead last July.

In Gujarat you are killed if you fight for justice ...

AhmedabadMirror 20/08/2011
... says slain RTI activist Amit Jethava’s father Bhikhubhai who has filed a PIL seeking appointment of lokayukta to check corruption in state
Even as people back Anna Hazare demanding a corruption-free India, one man quietly but determinedly filed a public interest litigation seeking appointment of a lokayukta in Gujarat.  His anguish and agony is understandable. His young son was murdered sometime back opposite Gujarat High Court because he was using his right to seek information against the rich, powerful and politically connected mining mafia. Bhikhubhai Jethava, father of slain RTI activist Amit Jethava, says Gujarat is an unsafe place for all those who fight for their rights. “Just like Haren Pandya who was assassinated by someone who felt threatened by him and his father Vithalbhai died fighting for justice for his son’s untimely death, I too will die fighting. Worse, I might be murdered because now I am all out to expose that Gujarat is not vibrant,” Bhikhubhai tells Dilip Patel and Tanushree Bhatia. 
Excerpts from an interview:

Bhikhubhai Jethwa, father of slain actiivist Amit Jethwa

What made you file the PIL demanding a lokayukta?

 My son had filed a PIL in 2008. There already is a law in Gujarat but the state government is deliberately not appointing a lokayukta. When my son filed the PIL, the state government assured Gujarat High Court  of appointing lokayukta “immediately”.  It didn’t happen. Hence this PIL.

What would you achieve by filing this PIL?

I feel pained. Everybody is carried away by the hype that Gujarat is vibrant. My son was fighting for justice. He was fighting against corruption and politicians. There are two reasons for filing this PIL: to continue my son’s fight against corruption and politicians, and to support the movement started by Anna Hazare. I have spoken to Anna several times on the issue.

How will lokayukta benefit the state?

What is the other way left in Gujarat at the moment to seek justice? Those who raise their voice against falsehood, injustice or corruption are eliminated. From Haren Pandya to Amit Jethava. What is the action taken against corruption and injustice under the Narendra Modi government? The institution of lokayukta is the only recourse left for common people like us to get justice and to fight against powerful politicians and corruption. Once lokayukta is in place, believe me, several ministers will be behind bars. Today, corruption has crossed its limits in Gujarat. 

Yesterday (August 18) there was a government function at Khambha in Amreli - Chalo Taluka Sarkar. It was followed by lunch for the villagers. Only 500 people ate at the function, but the government claimed that 120,000 people had lunch. Now officials will also claim that money was spent on this extravaganza! It is taxpayer’s money. 

People can know where their leaders stand once lokayukta is in place. Until now, all of us thought Karnataka government was good. So much development and international investment has come to Bangaluru. But look what (BS) Yeddyurappa had done there.  Worse things are happening in Gujarat but no action is being taken against those responsible. Lokayukta is Gujarat’s only hope to know the reality. 

Are you facing any problem in your fight?
If you want to fight, you have to be ready for everything. I had a small shoe shop which I had to shut down once my son was murdered. I took over his crusade. I have an old worn out motorcycle on which I travel all across Gujarat to spread the message. I do not have any bank balance. I support people who are fighting against corruption. I support the Jan Lokpal Bill and Anna. Even BJP which is ruling Gujarat is supporting Anna. It is good to have a lokpal in Delhi and to support Anna, but please support me also. If you are truly for justice and want to fight against corruption, BJP should support me in getting a lokayukta appointed in Gujarat. We already have a law and entire machinery in place for the lokayukta’s office but the government does not want to appoint one because it will be exposed.

Have you received any threat?

I will be murdered. Isn’t that what happens in Gujarat when you fight for justice? What happened to Haren Pandya? It was a political murder. What happened to my son? Specially after this petition, my life is in danger. I have also informed President Pratibha Patil about the same through an affidavit. I am a small man. My life is not valuable and it is so easy to eliminate me. But I don’t care. My father was a freedom fighter. My son was a fighter. I am also a fighter. I want to expose corruption prevailing in Gujarat.

How can you say there is corruption in Gujarat? The state is known for clean governance. 

Corruption in Gujarat is different. Gujarat has traditionally been very progressive and rich. Right now corruption that exists in Gujarat is not only different from that in other states but dangerous. We are a border state. Still our government is sheltering and doling out land to industrialists who have been sent to jail for extortion or custom evasion.

My son was fighting to stop illegal limestone quarries. He had openly named BJP MP Dinu Bogha Solanki. He had proof. Still what happened? My son was murdered. Haren Pandya deposed before a people’s tribunal about Narendra Modi’s complicity in the genocide, that he was responsible for the death of hundreds of innocent people in 2002 riots. What happened? Modi became number one and Harenbhai was killed. This is Gujarat. It is sad that in Gandhi’s Gujarat we blindly support Anna but are ignoring corrupt and criminal politicians. These politicians in partnership with select industrialists are plundering the state. The government allots land to industrial houses at throwaway prices. Look at Adani and his growth story. Adani Industries is the biggest beneficiary of our state government’s generosity. What is happening in the name of land acquisition? The Modi government is misusing the Land Acquisition Act. 

How will lokayukta help?

According to the law, only the lokayukta can probe chief minister or his council of ministers or the government. This is exactly what happened in Karnataka. If we want transparency in Gujarat, we need a lokayukta. The common man today does not get basic information on industries and politicians through RTI. I am eagerly waiting for lokayukta. The first case that I will file with the lokayukta will be against Dinu Solanki and after that against 15 other politicians of Gujarat.

HC issues notice to Modi govt over Lokayukta appointment

IndianExpress 19/08/2011

The Gujarat High Court today issued a notice to the state government over a PIL seeking appointment of the Lokayukta.

A division Bench of Justice Akil Kureshi and Justice Sonia Gokani while issuing the notice asked the Narendra Modi government to file its reply by August 29 when the next hearing is scheduled.

The high court asked the government to file an affidavit detailing the present status of the appointment of the ombudsman as per the Gujarat Lokayukta Act, 1986.

The government has not appointed anyone to the post in the last seven years.

The PIL was filed by Bhikhabhai Jethava, father of Right To Information (RTI) activist Amit Jethava who was shot dead in front of the Gujarat High Court in July last year.

Jethava demanded that non-appointment of the Lokayukta be held illegal and unconstitutional and sought the court's directions to the state government for the appointment to take place within a stipulated period of time.

he petitioner also contended that the state has failed to appoint the Lokayukta even one year after it made a statement on the same.

In June last year, the Additional Advocate General had said in the High Court on a similar petition that the consultation process for the appointment of Lokayukta was already over.

He had said that the state Cabinet had taken a decision in the matter and had forwarded it to the Gujarat Governor for taking an appropriate decision.

Jethava accused that either the statement of the Additional Advocate General was incorrect, which was very serious as it amounted to propriety on the part of a constitutional authority, or the state government had developed cold feet in appointing a Lokayukta.

He alleged that the government may be trying to prevent a statutory authority from investigating into allegations of corruption, misdeeds, abuse of power and personal benefit on the part of ministers and public functionaries as defined in the Gujarat Lokayukta Act.

The petitioner stated in the PIL that Gujarat had a Lokayukta till 2003 and even after more than seven years the state government has not made another appointment, thereby frustrating the Act.

He alleged that non-appointment of a Lokayukta was a deliberate failure on part of the government in fulfilling its constitutional obligation since it was mandatory to appoint the authority as per the Act.

Jethava also alleged that there were serious complaints against the state government regarding corruption, disposal of government land at throwaway prices to industrial houses, privatisation of natural, public and community resources in the name of development, intellectual and monetary corruption and abuse of position for improper and corrupt motives.

Due to the absence of a Lokayukta there was no institution or platform in the state that could investigate such allegations, he contended.

લોકાયુકતની નિમણૂંકમાં વિલંબના મુદે સરકારનો જવાબ માગતી હાઇકોર્ટ

GujaratSamachar 19/08/2011

ગુજરાતમાં લોકાયુકતની નિમણૂક મામલે પીઆઇએલ

અમદાવાદ,ગુરૃવાર
ગુજરાત રાજયમાં લોકાયુકતની નિમણૂંક કરાવવા આખરે ગુજરાત હાઇકોર્ટમાં જાહેરહિતની રિટ અરજી દાખલ કરાઇ છે. જેની સુનાવણીમાં જસ્ટિસ અકીલ કુરેશી અને જસ્ટિસ સોનિયાબહેન ગોકાણીની ખંડપીઠે રાજય સરકાર અને રાજયના મુખ્ય સચિવ વિરુદ્ધ કારણદર્શક નોટિસ જારી કરી છે. વધુમાં, હાઇકોર્ટે રાજય સરકારને એ બાબત સ્પષ્ટ કરવા કહી છે કે, અત્યારે લોકાયુકતની નિમણૂંકનો મામલો કયા તબક્કે છે અને અત્યાર સુધી લોકાયુકતની નિમણૂંક શા માટે થઇ શકી નથી? સરકારને આ બાબતે ખુલાસા સાથેનો જવાબ રજૂ કરવા નિર્દેશ કરી ખંડપીઠે કેસની વધુ સુનાવણી તા.૨૯મી ઓગસ્ટના રોજ મુકરર કરી હતી.
સાડા સાત વર્ષ કરતાં પણ વધુ સમય વીતી જવાં છતાં સરકાર દ્વારા લોકાયુકતની નિમણૂંક કરાતી નથી
સ્વ. આરટીઆઇ એકટીવીસ્ટ અમિત જેઠવાના પિતા ભીખાભાઇ કલ્યાણજીભાઇ જેઠવા દ્વારા કરાયેલી રિટ અરજીમાં એ મતલબના મુદ્દા ઉપસ્થિત કરવામાં આવ્યા હતા કે, ગુજરાત લોકાયુકત એકટ-૧૯૮૬ની કલમ-૩ હેઠળ લોકાયુકતની નિમણૂંક કરવી અનિવાર્ય હોવાછતાં ગુજરાત સરકાર દ્વારા એક યા બીજા પ્રકારે લોકાયુકતની નિમણૂંક કરવામાં આવતી નથી. રાજય સરકારના ઉદાસીન વલણના કારણે છેલ્લા સાડા સાત વર્ષોથી આટલી મહત્વની જગ્યા ખાલી પડી રહી છે તેમછતાં સરકાર હજુ સુધી આ મામલે તાત્કાલિક કોઇ નિર્ણય કરતી નથી.
ગત વર્ષે સ્વ. આરટીઆઇ એકટીવીસ્ટ અમિત જેઠવાએ લોકાયુકતની નિમણૂંકના મામલે એપ્રિલ-૨૦૧૦માં હાઇકોર્ટમાં રિટ અરજી કરી હતી. જેની સુનાવણીમાં ખુદ રાજયના એડીશનલ એડવોકેટ જનરલ તરફથી અદાલત સમક્ષ એવું નિવેદન કરવામાં આવ્યું હતું કે, લોકાયુકતની નિમણૂંક અંગે સલાહમસલતની પ્રક્રિયા પૂર્ણ કરી દેવાઇ છે. કેબીનેટ દ્વારા લોકાયુકતના મામલે નિર્ણય લેવાઇ ગયો છે અને તે રાજયપાલની મંજૂરી અર્થે મોકલી અપાયો છે. આમ, લોકાયુકતની નિમણૂંકના પગલાં ઓલરેડી લેવાઇ ગયા છે, જે પાઇપલાઇનમાં છે. સરકારની આ બાંહેધરી ધ્યાનમાં લઇ તત્કાલીન જસ્ટિસ ભગવતીપ્રસાદ અને જસ્ટિસ જે.સી.ઉપાધ્યાયની ખંડપીઠે રિટ અરજીનો નિકાલ કર્યો હતો.
પરંતુ સૌથી આશ્ચર્યની વાત એ છે કે, રાજય સરકારે હાઇકોર્ટ સમક્ષ આપેલી આ બાંહેધરીને સવા વર્ષ જેટલો સમય વીતી ગયો છે તેમછતાં, હજુ સુધી લોકાયુકતની નિમણૂંક કરવામાં સરકાર નિષ્ફળ રહી છે. રાજયપાલ સમક્ષ પણ આ સમગ્ર મામલો છેલ્લા ઘણા લાંબા સમયથી પડતર પડી રહ્યો છે પરંતુ હજુ સુધી કોઇ જ નક્કર પરિણામ આવ્યું નથી, જેથી અરજદારને આ રિટ અરજી કરવાની ફરજ પડી છે. લોકાયુકત કાયદાની જોગવાઇ હેઠળ રાજયના મુખ્યમંત્રીથી માંડી સરકારના પ્રધાનો, આઇએએસ-આઇપીએસ સહિતના ઉચ્ચ અધિકારીઓ અને જાહેરસેવકો વિરુદ્ધ લોકાયુકત સમક્ષ નાગરિકો સીધી ફરિયાદ દાખલ કરી શકે છે અને તેમાં જાતે તપાસ કરવા લોકાયુકતને સત્તા બક્ષાયેલી છ પરંતુ ગુજરાતમા તા.૨૪-૧૧-૨૦૦૩થી લોકાયુકતની નિમણૂંક સરકાર દ્વારા થતી નહી હોવાના કારણ નાગરિકો ફરિયાદ દાખલ કરી શકતા નથી અને ન્યાયથી વંચિત રહી રહ્યા છે.
લોકાયુકતની નિમણૂંકના અભાવે ગુજરાત રાજયમાં સરકાર, તેમના પ્રધાનો અને જાહેરસેવકો વિરુદ્ધની ફરિયાદો પડતર પડી રહી છે. પ્રજાની ફરિયાદોમાં કોઇ કાર્યવાહી ના થઇ શકે તેવા બદઇરાદાથી જાણીબુઝીને જ સરકાર ભ્રષ્ટાચાર, સગાવાદ અને ગેરરીતિઓને છાવરી રહી છે. હાઇકોર્ટે આ તમામ બાબતોની ગંભીર નોંધ લઇ નાગરિકોના અને ન્યાયના હિતમાં હાઇકોર્ટે રાજય સરકારને તાત્કાલિક ધોરણે લોકાયુકતની નિમણૂંક કરવા માટે આદેશ જારી કરવા જોઇએ એ મતલબની દાદ અરજદારપક્ષ દ્વારા રિટ અરજીમાં માંગવામાં આવી હતી.

State rights body seeks reports from DGP, mines dept

IndianExpress 01/08/2011

The State Human Rights Commission (SHRC) has sought reports from the Gujarat Director General of Police (DGP) and the Mines and Minerals Department in connection with the murder of RTI and environmental activist Amit Jethava.
SHRC wants reports on the alleged role of Junagadh BJP MP Dinu Solanki in the murder as well as in illegal mining in the periphery of Gir Wildlife Sanctuary.
Jethava (32), who had filed a PIL against illegal mining in the Gujarat High Court wherein Solanki and his nephew Pratap alias Shiva Solanki were made respondents, was shot dead on July 20 last year. Subsequently, the Ahmedabad police arrested Shiva and three others.
The Jethavas have pointed finger at the BJP MP from the beginning, citing several incidents wherein Amit was allegedly attacked by Dinu, but the leader has not yet been questioned.
SHRC additional director general K Kumarswamy, on July 25, issued a notice to the DGP seeking a report in 21 days on why, despite a statement in this regard by senior lawyer Anand Yagnik, the police have not interrogated Solanki and why the investigation should not be handed over to the CBI.
Kumarswamy sought the report after Jethava’s widow, Alpa, filed a complaint with the Commission that despite evidence and statements against the MP, the police have not questioned him.
In the notice to the Mines and Minerals Department, the Commission has sought to know if Solanki had been involved in illegal mining at Alidar village in Kodinar taluka of Junagadh.
This came after Bhikha Jethava, Amit’s father, submitted an application that his son had written to that department on several occasions about illegal mining at Alidar. “The SHRC has accepted our contention that illegal mining and Amit’s murder case are related. Mining mafias killed my son,” said Bhika.
Besides, SHRC, on July 22, wrote to the Ahmedabad City Sessions Court judge requesting to investigate whether Shiva, who is in judicial custody at the Sabarmati jail, is frequently given parole and facilities like cellphone.
Earlier, Bhikha had written to the DGP complaining that Shiva gets parole on the pretext of ill health and meets business associates in the hospital.