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.