Gujarat HC stays CBI Amit Jethwa murder trial

Justice J B Pardiwala stayed the ongoing trial before a Special CBI court on a plea by the victim's father to recall witnesses.

Published: 24th March 2017 11:51 PM  |   Last Updated: 24th March 2017 11:51 PM   |  A+A-

By PTI

AHMEDABAD: The Gujarat High Court today stayed the trial of Amit Jethwa murder case, allegedly involving former BJP MP Dinu Bogha Solanki and his nephew.

Justice J B Pardiwala stayed the ongoing trial before a Special CBI court on a plea by the victim's father to recall witnesses.

Ex-MP Solanki and his nephew Shiva Solanki, who are main accused in the case, are presently out on bail.

In his petition, Jethwa's father Bhikhalal alleged that 105 out of total 195 prosecution witnesses of the case have turned hostile during the day to day hearings of the case conducted by the CBI court here till now.

While admitting the plea to recall the hostile witnesses, Pardiwala issued notice to the CBI to furnish its reply and also stayed the trial court proceedings till April 5, when the matter would be heard again by the high court.

Apart from issuing notice to the CBI, the Gujarat government, the high court also sought the CBI's probe report into the case.

In his plea, Bhikhalal has alleged that these 105 witnesses have turned hostile because of the threats given by Dinu Solanki and Shiva Solanki.

"This is a classic case of accused persons successfully trying to manage the course of trial by discouraging witnesses to stand by their statement of action," said the petition.

"The witnesses have complained to the CBI judge, who conducts the trial," said the plea, adding that though the Gujarat police was asked by the court to conduct an inquiry into it, nothing has happened in the last three months.

The plea further alleged the Gujarat police and the CBI are "not serious at the ground level in ensuring protection of witnesses and completing investigation. The witnesses are threatened, coerced and pressurised by BJP MP Dinu Bogha Solanki." 

Jethwa, an RTI activist was shot dead outside the Gujarat High Court premises on July 20, 2010 allegedly at the behest of then MP Solanki for exposing illegal mining activities through numerous RTI applications.

Jethwa had filed a PIL in the high court against illegal mining in the Gir forest region, the habitat of Asiatic lions.

The high court had asked the CBI to re-investigate the murder after Jethwa's father Bhikhalal Jethwa approached the court expressing his dissatisfaction over investigation by the Gujarat police.

In May last year, the charges were framed in the special CBI court against Solanki and six others.

Solanki and other accused were charged under section 302 (murder) and 120 B (criminal conspiracy) among others.The Gujarat High Court today stayed the trial of Amit Jethwa murder case, allegedly involving former BJP MP Dinu Bogha Solanki and his nephew.

Justice J B Pardiwala stayed the ongoing trial before a Special CBI court on a plea by the victim's father to recall witnesses.

Ex-MP Solanki and his nephew Shiva Solanki, who are main accused in the case, are presently out on bail.

In his petition, Jethwa's father Bhikhalal alleged that 105 out of total 195 prosecution witnesses of the case have turned hostile during the day to day hearings of the case conducted by the CBI court here till now.

While admitting the plea to recall the hostile witnesses, Pardiwala issued notice to the CBI to furnish its reply and also stayed the trial court proceedings till April 5, when the matter would be heard again by the high court.

Apart from issuing notice to the CBI, the Gujarat government, the high court also sought the CBI's probe report into the case.

In his plea, Bhikhalal has alleged that these 105 witnesses have turned hostile because of the threats given by Dinu Solanki and Shiva Solanki.

"This is a classic case of accused persons successfully trying to manage the course of trial by discouraging witnesses to stand by their statement of action," said the petition.

"The witnesses have complained to the CBI judge, who conducts the trial," said the plea, adding that though the Gujarat police was asked by the court to conduct an inquiry into it, nothing has happened in the last three months.

The plea further alleged the Gujarat police and the CBI are "not serious at the ground level in ensuring protection of witnesses and completing investigation. The witnesses are threatened, coerced and pressurised by BJP MP Dinu Bogha Solanki." 

Jethwa, an RTI activist was shot dead outside the Gujarat High Court premises on July 20, 2010 allegedly at the behest of then MP Solanki for exposing illegal mining activities through numerous RTI applications.

Jethwa had filed a PIL in the high court against illegal mining in the Gir forest region, the habitat of Asiatic lions.

The high court had asked the CBI to re-investigate the murder after Jethwa's father Bhikhalal Jethwa approached the court expressing his dissatisfaction over investigation by the Gujarat police.

In May last year, the charges were framed in the special CBI court against Solanki and six others.

Solanki and other accused were charged under section 302 (murder) and 120 B (criminal conspiracy) among others.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

facebook twitter whatsapp