Source:indialegallive.com<\/p>\n\n\n\n
Justice must not only be done but also seen to be done, or so goes an\n old saying. In this case it was finally seen to be done, nine days \nshort of a nine-year-long epic battle. When the special CBI court in \nAhmedabad sentenced a former BJP MP from Junagadh, Dinu Bogha Solanki, \nand six others, including his nephew and a police constable, life came \nfull circle for a grieving but determined father who fought indomitable \nodds to secure justice for the murder of his son, RTI activist Amit \nJethva. The father, Bhikhubhai, said: \u201cThe conviction is a victory for \nthe judiciary and exemplary proof that a judicial system exists which is\n reassuring for commoners.\u201d The verdict is perhaps the first time in the\n history of Gujarat that a former MP has been held guilty of murder. All\n seven accused were sentenced to life imprisonment by special CBI judge \nKM Dave on July 11.<\/p>\n\n\n\n
Jethva, who had taken on powerful people indulging in illegal mining \nin and around the lion sanctuary of Sasan Gir in Gujarat, was shot dead \noutside the Gujarat High Court premises on July 20, 2010. The killing \ncame within a fortnight of his filing an RTI on the issue and was done \nat point-blank range when Jethva had gone to see his lawyer. What \nfollowed was a tortuous journey for those demanding justice and a prime \nexample of how a skewered system works in favour of the rich and \npowerful, part of the country\u2019s administering structure, while illegally\n milking it in flagrant disregard of the law.<\/p>\n\n\n\n
Jethva was targeted because he had, through a series of RTI queries, \nexposed illegal mining carried out by the then sitting BJP MP, Solanki, \nwithin the five-km periphery of the world\u2019s only sanctuary for Asiatic \nlions in Sasan Gir. Failing to get a response from the BJP-ruled state \ngovernment, Jethva appealed to the Gujarat High Court and, days later, \npaid with his life. Solanki was then a man whose writ ruled over the \nregion and with connections to the very top of the state government. He \nflaunted his opulent lifestyle and, according to one story, even owned \nan air-conditioned tractor. What is known is that using a familiar \ncombination of money and muscle, he was seen as invincible. Proof lay in\n the fact that despite the national outcry over the murder, successive \npolice investigations gave a clean chit to the MP. On July 24, 2010, \ninvestigations were transferred from the Ahmedabad police to the crime \nbranch, but barely a month later, the investigating officer also cleared\n Solanki of any wrongdoing.<\/p>\n\n\n\n
The matter was back before the High Court which handed over the \ninvestigation to the CBI on September 25 even as it rejected the state \ngovernment\u2019s plea for a stay on the order. It had harsh words to say: \n\u201cSo many people, whose vested interests may have been affected by his \napplications under the RTI Act, could have a motive to contribute to his\n killing. Therefore, a perfunctory investigation on the basis of \nstatements of the accused persons themselves may not unearth the whole \ntruth and meet the ends of justice. It is imperative that proper and \ncomprehensive investigation is undertaken by an agency which is not \nunder the control of the state government. The murder of a petitioner in\n a PIL and an RTI activist, in front of the High Court, in the facts of \nthe present case, amounted to an affront to the judicial system and a \nchallenge to implementation of an Act of Parliament, with national \nrepercussions and has to be viewed seriously. Therefore, it is of utmost\n importance that the case on hand is thoroughly investigated and \nproperly prosecuted by independent and competent officers, so as to \ninspire confidence and reaffirm faith in the rule of law.\u201d<\/p>\n\n\n\n
That was reflected in the numerous twists and turns in the case with a\n tenacious father, Bhikhubhai, fighting spiritedly, backed by a small, \nresolute band of activists and a High Court determined to do justice. At\n one point, Bhikhubhai moved the High Court seeking re-trial on the \nground that 105 of the total 195 witnesses had turned hostile under \npressure from the BJP leader. By then, the trial had already concluded. \nIn one incident, a scared witness under cross-examination jumped out of \nthe witness box and ran away after he was told that his son had gone \nmissing. The High Court ordered a retrial. The case reached the Supreme \nCourt which restricted it to examining 27 witnesses afresh, including 18\n eyewitnesses. The High Court also transferred the case to special CBI \njudge KM Dave though the trend of witnesses turning hostile continued. \nBy one count, the number stood at 155, including those who were \nreexamined.<\/p>\n\n\n\n
Once the CBI took charge, investigations gathered pace. Solanki was \narrested on November 5, 2013, and on December 21, 2013, the CBI filed a \ncharge sheet against him. On February 25, 2014, the Supreme Court \ngranted him bail. According to special prosecutor Mukesh Kapadia, the \ntestimony of Rama Haja, Solanki\u2019s driver for 18 years, was crucial to \nthe conviction. Haja was moved by the CBI to Delhi and his statement \nrecorded under Section 164, CrPC. He was an eyewitness to the entire \nsequence of events\u2014the planning of the murder, the involvement and role \nof each of the co-accused inclu\u00adding the policeman and the hiring of \npaid killers. He also helped locate a crucial piece of evidence\u2014he \ntestified that Solanki received a call on his mobile informing him that \nthe job of killing Jethva had been completed. The mobile had gone \nmissing but Haja showed the CBI the place where the mobile had been \nburied, and call data records nailed the strongman.<\/p>\n\n\n\n
Bhikhubhai was supported in no small measure by lawyer-activist Anand\n Yagnik. \u201cWe filed 35 petitions before the High Court in our pursuit of \njustice. These were powerful people who had the best legal brains \nworking for them but ours was a fight for justice,\u201d said the lawyer who \nhimself testified before the courts that Jethva had spoken of a threat \nto his life from Solanki. Yagnik was the legal brain behind Jethva\u2019s \noriginal crusade. He was supported by Mahesh Makwana, also an RTI \nactivist and a close associate of Jethva in the battle against the \nillegal mining mafia. The Dalit activist was even assaulted by goons in \n2016. \u201cThere are nearly 50 criminal complaints filed against Solanki and\n his family members and accomplices but the cops go through the \nrigmarole of filing reports and exonerating them,\u201d he said, adding that \nhe will continue the crusade taken up by his late friend.<\/p>\n\n\n\n
At one point, Bhikhubhai had sought police protection for the judge \nhearing the case. The judgment was delivered amidst tight security and \nin-camera. Those held guilty of murder, criminal conspiracy and \nviolations of the Arms Act include, besides Solanki, his nephew, Pratap \nalias Shiva Solanki, Pachan Desai, police constable Bahadursinh Vadher, \nsharp shooters Shailesh Pandya, Sanjay Chauhan and Udhaji Thakore. \nBhikhubhai understands well that this may be a mere punctuation mark in a\n continuing battle against both the illegal mining mafia and the legal \nbattle he is fighting, but he is determined to carry it to its logical \nend, having already earned a famous victory. As he said: \u201cMy son can now\n finally rest in peace for he has got justice after a very long \nstruggle.\u201d<\/p>\n