IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: AMRELI

SPECIAL CRIMINAL APPLICATION NO. OF 2010

In the matter of Articles 14, 19, 21 and 226 of the Constitution of India;

AND

In the matter of Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Indian Penal Code;

AND

In the matter of Delhi Police Establishment Act, 1946;

AND

In the matter between:

Bhikhalal Kalyanji JethavaMukhya Bazar,Village Khambha,Taluka Khambha,District Amreli … Petitioner

Versus

1. State of GujaratNotice through Chief Secretary,New Sachivalaya,Gandhinagar

2. Mr. Narendra Modi,Home Minister,Government of Gujarat,New Sachivalaya,Gandhinagar

3. Department of Home,Notice through Principal Secretary,New Sachivalaya,Gandhinagar

4. Director General of Police,State of Gujarat,Police Bhavan,Gandhinagar

5. Detection of Crime Branch,

Ahmedabad City,Gayakwad Haveli, Jampur,Ahmedabad …

Respondents

ToHon'ble the Chief Justice and other Hon'ble Judges of the High Court of Gujarat at Ahmedabad

The humble petition of the Petitioner abovenamed

MOST RESPECTFULLY SHEWETH:

1. The petitioner is a father of late Amit Jethava, who was killed

outside Gujarat High Court premises on 20.07.2010 during the

pendency of a PIL filed by him against illegal mining within the

5 kms prohibited periphery of Gir forest by and at the behest of

Member of Parliament from Junagadh Mr. Dinu Bogha Solanki.

The petitioner files the present petition for transfer of

investigation to an independent agency in connection with FIR

bearing No. I-CR No.163/2010 dated 20.07.2010 registered at

High Court Sola Police Station for commission of offence

punishable under Section 302, 114 of Indian Penal Code read

with Section 25(1) of Arms Act. Pursuant to the very FIR, murder

of Mr. Amit Jethava is being investigated upon.

Copy of FIR bearing No. I-CR No.163/2010 dated 20.07.2010

registered at High Court Sola Police Station is annexed hereto

and marked ANNEXURE-A.

2. Between 20.07.2010 to 15.08.2010, the investigation was

carried out by police inspector of Sola Police Station and

thereafter by an order dated 15.08.2010 passed by

Commissioner of Police, Ahmedabad City, the investigation is

transferred to Detection of Crime Branch, Gayakwad Haveli,

Ahmedabad City. No reasons are given in the order by Police

Commissioner for transfer of such investigation.

Copy of the order transferring investigation from Sola Police

Station to DCB Crime, Ahmedabad City by Police Commissioner,

Ahmedabad City dated 15.08.2010 is annexed hereto and

marked ANNEXURE-B.

3. The reasons for entrusting investigation in connection with

murder of Mr. Amit Jethava to an independent investigating

agency are:

(1) That the prime suspect Mr. Dinu Bogha Solanki is a

Member of Parliament from Junagadh constituency

belonging to Bharatiya Janta Party and therefore the

present investigating agency dare not touch him.

(2) That Mr. Dinu Bogha Solanki is a relative of Mr. Vajubhai

Vala, the Finance Minister of State of Gujarat and second

most powerful politician after Chief Minister Mr. Narendra

Modi in the backdrop of arrest of Mr. Amit Shah, Former

Minister of State for Home in case of Sorabuddin fake

encounter.

(3) Several persons have given statement to the police

stating categorically that it is Mr. Dinu Bogha Solanki who

had Amit Jethava killed. But till date Mr. Dinu Bogha

Solanki has not been interrogated even once nor any

efforts are made to ascertain the role of Mr. Dinu Bogha

Solanki in the death of Mr. Amit Jethava.

The investigation is consciously stopped beyond the

arrest of nephew of Mr. Dinu Bogha Solanki, Mr. Shiva @

Pratap Solanki who is nothing but a puppet in the hands

of the Member of Parliament. This is only to save Mr. Dinu

Bogha Solanki.

No efforts are being made to identify the role played by

Mr. Dinu Bogha Solanki and find out whether there are

directly or indirect and circumstantial evidence which

implicate Mr. Dinu Bogha Solanki in the conspiracy. Who

actually hatched the conspiracy and provided money to

kill Mr. Amit Jethava has to be found out in order to

complete the chain. Mr. Amit Jethava did not have any

animosity with those who have so far been arrested and

implicated. The exception is Shiva Solanki who at the

behest of Mr. Dinu Bogha Solanki used to harass Amit

Jethava.

The campaign of Amit Jethava was to expose Dinu Bogha

Solanki and not Shiva Solanki who independently is

nobody. Therefore if the police investigation has been

able to connect those who actually shot dead Amit

Jethava with Shiva Solanki, then the logical corollary is

that the lead must go up to Mr. Dinu Bogha Solanki.

Moreover, the investigation so far carried out reveals that

an amount of Rs.15 lacs was given to the contract killers.

Such a huge amount cannot be given by a police

constable or a home guard or even Shiva Solanki who

independently has no financial resources. It is only Dinu

Bogha Solanki who can give such huge amount.

More than two weeks have passed since Shiva Solanki

was arrested and remanded to police custody. Nothing

has progressed further and this suggests that the

stagnation in the investigation and failure on the part of

investigating agency to go further beyond Shiva Solanki

upto Dinu Bogha Solanki is a conscious exercise to protect

the chief conspirator of the murder. This suggests that the

investigation is not impartial and free from outside

influence.

The petitioner therefore sincerely apprehends political

and other influence upon the investigation authority to

keep Mr. Dinu Bogha Solanki out by hook or crook.

(4) In Kodinar Taluka and in Junagadh District several police

complaints and FIRs for commission of serious offences

including attempt to murder and murder have been

registered against Mr. Dinu Bogha Solanki and in

connection with offences committed at the behest of Mr.

Dinu Bogha Solanki. All such complaints and FIRs have

culminated into Summary Report.

Copies of several FIRs and Summary Reports submitted

by Junagadh Police are annexed hereto and marked

ANNEXURE-C Collectively.

Only in one case involving beating of relatives of present

MLA of Kodinar Mr. Dhirsinhji Barad belonging to Congress

charge-sheet is submitted against Dinu Bogha Solanki and

that is all.

(5) Only after Hon'ble High Court of Gujarat passed an order

on 02.08.2010 in Special Civil Application No.7690 of

2010 filed by Mr. Amit Jethava, the investigating authority

became active as the order was to place before this

Hon'ble Court the update of investigation in the murder of

Amit Jethava by next hearing. It is stated and submitted

that only after the order of 02.08.2010, the arrest were

made and the progress in the investigation became

palpable. All the arrests were made thereafter.

Copy of an order dated 02.08.2010 passed in Special Civil

Application No.7960 of 2010 is annexed hereto and

marked ANNEXURE-D.

However, it is made clear that the said petition only

involves the issue of illegal mining within the prohibited

area.

(6) Arrest and implication of Member of Parliament Mr. Dinu

Bogha Solanki is likely to disturb many equations among

the police, politician, Bureaucracy and Ambuja Cement

Company and those involved in illegal mining. This will

have far reaching negative impact on these vested

interests.

(7) Arrest and implication of Member of Parliament Mr. Dinu

Bogha Solanki is sure to disturb politician dominance of

Bharatiya Janta Party in the District of Junagadh and the

surrounding District in view of coming panchayat and

local authorities election and therefore the present

investigating agency may not independently and

impartially investigate into the matter.

(8) Murder of Amit Jethava is not an isolated incident

involving Mr. Dinu Bogha Solanki and his group of people.

So many people have made complaints against them and

submitted affidavit/s.

(9) The Detection of Crime Branch, Gayakwad Haveli,

Ahmedabad City is known more for fake encounters

including that of Sorabuddin, Samirkhan, Sadiq Jamal and

Isharat Jahan and others and therefore, the petitioner has

got no trust whatsoever in the bonafide of present

investigating agency.

(10) That in 2003, DIG, Junagadh Range has written to the

DGP, Gujarat State that Mr. Dinu Bogha Solanki is

involved in so many antisocial activities. That he is

interested in his complete hegemony and is so arrogant

that if things do not go as per his expectations, he can

make false and frivolous allegations beyond limits.

SP, Junagadh, in November 2003 has prepared a report

about antisocial activities of the then MLA Dinu Bogha

Solanki to the Collector. The report categorically states

that Mr. Dinu Bogha Solanki is involved in underground

activities. It further states that MLA brings too much and

undue pressure upon local Kodinar police and insists that

the police must register FIR and investigate against the

person he wants by any means. Therefore, no one is

interested in working as PI or PSI in Kodinar Police Station.

If the police do not act as per the expectation of the MLA,

he starts leveling filthy and false allegations against the

police and that brings their moral down. The report

further states that the MLA is not only communal and has

a grudge against Muslims but has problem with other

contractors of Ambuja Cement and politicians affiliated to

Congress.

Most importantly the report states that because of

hegemony of Dinu Bogha Solanki in the area, his victims

are unable to get justice.

The report brings to the light specific instances of

involvement of Mr. Dinu Bogha Solanki in illegal and

underground activities besides his actions to perpetrate

his dominance and hegemony also over the local police.

Copy of the police reports about illegal and antisocial

activities of Mr. Dinu Bogha Solanki are annexed hereto

and marked ANNEXURE- Collectively.

Unfortunately, such an antisocial man became member of

parliament and the power he commanded ultimately led

to the murder of Amit Jethava according to the petitioner.

The same power and clout, after Dinu Bogha Solanki

became MP went much beyond the borders of Junagadh

District and reached upto Gandhinagar. It is widely

alleged that former Minister for State for Home Mr. Amit

Shah is a good friend, philosopher and guide of Mr. Dinu

Bogha Solanki. It is also alleged that Mr. Amit Shah, at the

time when Amit Jethava was killed, was there in the

Junagadh District as a guest of Mr. Dinu Bogha Solanki

who helped him to hide himself from the CBI to avoid

arrest. This creates much more apprehensions that

Gujarat Police even if evidence are found out will not

implicate Mr. Dinu Bogha Solanki for the murder of Mr.

Amit Jethava.

4. The petitioner states that his son Amit Jethava was shot dead

outside Gujarat High Court premises on 20.07.2010. Mr. Amit

Jethava was an Environmentalist and RTI Activist. He was known

for filing public and environmental interest litigations. At a

young age of 34 he had earned reputation of a crusader. The

last PIL filed by Mr. Amit Jethava was on the subject of rampant

and large scale illegal mining within the prohibited 5 kms

periphery of Gir forest by Mr. Dinu Bogha Solanki, a Member of

Parliament from Junagadh constituency, belonging to Bharatiya

Janta Party and his nephew “Pratap” Shiva Solanki. The said

Member of Parliament and his nephew were directed to be

impleaded as party by an order dated 07.07.2010. Notice was

issued upon the said two persons and within two weeks thereof,

before the next hearing, Mr. Amit Jethava was shot dead and

murdered at around 08:45 pm by two unidentified persons. The

deceased died there and then on the spot.

Two months have passed since the murder of Mr. Amit Jethava,

but till date the investigating authority has not interrogated Mr.

Dinu Bogha Solanki in spite of the fact that several persons

have given their statement to the police during investigation

stating that it could only be Mr. Dinu Bogha Solanki who could

have Mr. Amit Jethava killed. The investigation has, consciously

and out of malafide, stopped at the door of Mr. Shiva Solanki,

nephew of the Member of Parliament, who is nothing but a

tutelage and yes man of the Member of Parliament.

Mr. Amit Jethava was fearlessly fighting against illegal empire of

Mr. Dinu Bogha Solanki and through RTI Applications and other

legal modes including litigations made every endeavour to

expose the Member of Parliament. In the process, in last couple

of years serious illegalities and irregularities of Mr. Solanki

came to fore and documentary evidence in this regard also

became available. Government Authorities also had to concede

the illegal deeds of Mr. Solanki and his group. This had really

irked and infuriated Mr. Dinu Bogha Solanki and his group for

last more than two years and with every incident of exposure

threat to the life of Mr. Amit Jethava from Mr. Dinu Bogha

Solanki and his group became eminent. There have been

several instances in last couple of years, where Mr. Dinu Bogha

Solanki and his group independently or collectively confronted

Mr. Amit Jethava at different places.

The only reply of Mr. Amit Jethava was that illegally mining

activities of Mr. Dinu Bogha Solanki is the single largest threat

to the Gir forest and Asiatic lion and their habitat and that

development of cement industry cannot be at the cost of

agriculture and agriculturist of the region who are solely

dependent on agricultural activity.

Copies of applications made by Mr. Amit Jethava under RTI and

otherwise exposing illegal activities of Mr. Dinu Bogha Solanki

are annexed hereto and marked ANNEXURE-E Collectively.

In past, Mr. Amit Jethava was brutally attacked at the behest of

Mr. Dinu Bogha Solanki and seriously wounded. Several police

complaints and representations were made by Mr. Amit Jethava

to the competent authorities categorically stating that he is

facing threat to his life from Mr. Dinu Bogha Solanki and his

mercenaries. The petitioner himself was told by Mr. Dinu Bogha

Solanki in past on telephone to ask his son not to get involved

in RTI Applications on the issue related to him and other

activities that could bring disrepute or face death.

Copies of criminal and other complaints filed by Amit Jethava

and his family members and representations against Mr. Dinu

Bogha Solanki and his group of people are annexed hereto and

marked ANNEXURE-F Collectively.

5. Mr. Dinu Bogha Solanki has been a three time MLA from Kodinar

constituency and Member of Parliament of Junagadh

constituency since 2009. Kodinar is known for Ambuja Cement

factory, the largest cement factory in India. The entire coastal

belt and Gir forest in Junagadh and surrounding district have

limestone in abundance. The limestone is a raw-material for

cement and at the same time limestone is a very rich mineral.

Because of limestone the agriculture in the entire region is very

prosperous and farmers are able to take three crops a year. The

requirement of limestone leads to mining of very fertile and

prosperous agricultural land and that leads to the perennial

conflict between the competing priorities. On one hand ever

growing requirement of Ambuja Cement factory and other

cement factories of limestone lying beneath the agriculturally

fertile land and on the other hand the right to livelihood based

on agriculture of the farmers of the region are at constant

conflict. Once the land is mined it becomes useless for

agriculture.

The caste politics, the politics around limestone and continuous

flow of money and muscle power from cement industry ever

starving of limestone made Dinu Bogha Solanki a mining mafia

who provides limestone mainly through illegal mining to the

cement industry with the assistance of his mercenaries.

The power acquired by Mr. Dinu Bogha Solanki after affiliating

himself with cement industry thriving in Kodinar Taluka coupled

with the caste and the party politics made him a successful

politician of the region. He is now known as uncrowned king of

Kodinar and nothing moves in the region without his

permission. He is more successful because he is will Bharatiya

Janta Power which is a party in power since 1998 in the State of

Gujarat. He is more powerful because Mr. Amit Shah, Minister of

State for Home till very recently, was his allay. Collectively both

of them changed the co-operative politics of Junagadh District

and within a span of 10 years entire co-operative structure in

every sphere was taken over by BJP.

Mr. Dinu Bogha Solanki is powerful because daughter of his

brother is married to son of Mr. Vajubhai Vala, Finance Minster

of Gujarat since 2002. Mr. Vajubhai Vala is a most prominent

BJP Politician from Saurashtra at present.

Mr. Dinu Bogha is, legally and illegally, engaged in the business

of –

(i) Mines

(ii) Transport Business with Ambuja under the name of

Rajmoti Movers

(iii) Petrol pump – Reliance, Indian Oil, IBP, HP – under

different names

(iv) Furnace Oil Depot in Diu

(v) Rajmoti Cable Network

(vi) Real Estate Broking

(vii) Stone crusher factories & Trading

(viii) Road construction material

(ix) Mobile Towers – Tata, Airtel, BSNL, Vodaphone

(x) Bitumen Plan

(xi) Sand lease

(xii) Massy Ferguson Tractor Agencies

(xiii) Ice Plant

(xiv) Water Supply contract with Ambuja Cement

(xv) Many businesses under Rajmoti Charitable Trust

(xvi) Educational Institution under Rajmoti Charitable Trust

6. The petitioner categorically states and submits that he has

more reasons to distrust independence and impartiality of

Gujarat Police in the present incident that involves none other

than Member of Parliament belonging to BJP which is a ruling

party in the State of Gujarat since 1998.

7. The petitioner states and submits as under:

(A) The State is under obligation to ensure rule of law. The

Rule of law can be maintained only by free, fair, impartial

and independent investigation by law and order agency in

every reported incident of commission of offences.

However in the present instance it appears that

independent and impartial investigation in the murder of

Amit Jethava is not taking place due to extralegal and

extraneous considerations.

(B) That equality of law and equal protection of law is

guaranteed in Article 14 of the Constitution of India. The

equality before law is that every Indian citizen is equal

before the law irrespective of his political, social and

cultural status. In the present instance, Member of

Parliament Mr. Dinu Bogha Solanki is being protected by

the investigating agency because he is a member of

parliament and because he belongs to Bharatiya Janta

Party and because his arrest and implication will

destabilize the establishment and the nexus between

politicians, industrial houses, bureaucracy and police.

Therefore the essential principle of considering everyone

equal is violated. This is nothing but fatal discrimination

and therefore, it violates Article 14 of the Constitution of

India and hence illegal and unconstitutional.

(C) The investigation that is carried out in last two months

clearly suggest that every efforts are being made to save

Member of Parliament Mr. Dinu Bogha Solanki and the

investigation is given a specific direction that does not

lead towards the Member of Parliament. All those who

have been arrested are very small persons who have no

financial and other power and the backing to do such

serious offence that too of committing murder of Amit

Jethava, a distinguished environmentalist and activist,

outside the Gujarat High Court premises. It clearly

suggests that this cannot be handy work of those arrested

who at the most could have been the mercenary and

committed such murder under intention and motive with

the backing of a person who holds substantial mite in

terms of money, muscle and political power.

The Bombay Police Act and the Code of Criminal

Procedure as well as Police Manual clearly mandate that

apart from the constitutional obligation the law and

enforcement agency is under statutory obligation to act in

the most fair, reasonable, transparent and impartial

manner. The present investigation however is in violation

of this fundamental ethos and therefore same is illegal

and unlawful.

(D) Right to life guaranteed in Article 21 also provides right to

free and fair investigation and trial. This requires

independent investigation without being influenced by

any extralegal and extraneous considerations. From the

reasons given hereinabove, it appears that the

investigation is not in accordance with requirement of

right to life with dignity with its expanded scope

guaranteed in Article 21 of the Constitution of India and

same is therefore illegal and unconstitutional.

(E) In view of above, there is a requirement of independent

investigation by impartial and independent investigating

agency to ensure rule of law and to protect equality of law

and equal protection of law besides ensure fulfillment of

guarantee of life with dignity and its expanded scope.

(F) That the prime suspect Mr. Dinu Bogha Solanki is a

Member of Parliament from Junagadh constituency

belonging to Bharatiya Janta Party and therefore the

present investigating agency dare not touch him.

(G) That Mr. Dinu Bogha Solanki is a relative of Mr. Vajubhai

Vala, the Finance Minister of State of Gujarat and second

most powerful politician after Chief Minister Mr. Narendra

Modi in the backdrop of arrest of Mr. Amit Shah, Former

Minister of State for Home in case of Sorabuddin fake

encounter.

(H) Several persons have given statement to the police

stating categorically that it is Mr. Dinu Bogha Solanki who

had Amit Jethava killed. But till date Mr. Dinu Bogha

Solanki has not been interrogated even once nor any

efforts are made to ascertain the role of Mr. Dinu Bogha

Solanki in the death of Mr. Amit Jethava.

The investigation is consciously stopped beyond the

arrest of nephew of Mr. Dinu Bogha Solanki, Mr. Shiva @

Pratap Solanki who is nothing but a puppet in the hands

of the Member of Parliament. This is only to save Mr. Dinu

Bogha Solanki.

No efforts are being made to identify the role played by

Mr. Dinu Bogha Solanki and find out whether there are

directly or indirect and circumstantial evidence which

implicate Mr. Dinu Bogha Solanki in the conspiracy. Who

actually hatched the conspiracy and provided money to

kill Mr. Amit Jethava has to be found out in order to

complete the chain. Mr. Amit Jethava did not have any

animosity with those who have so far been arrested and

implicated. The exception is Shiva Solanki who at the

behest of Mr. Dinu Bogha Solanki used to harass Amit

Jethava.

The campaign of Amit Jethava was to expose Dinu Bogha

Solanki and not Shiva Solanki who independently is

nobody. Therefore if the police investigation has been

able to connect those who actually shot dead Amit

Jethava with Shiva Solanki, then the logical corollary is

that the lead must go up to Mr. Dinu Bogha Solanki.

Moreover, the investigation so far carried out reveals that

an amount of Rs.15 lacs was given to the contract killers.

Such a huge amount cannot be given by a police

constable or a home guard or even Shiva Solanki who

independently has no financial resources. It is only Dinu

Bogha Solanki who can give such huge amount.

More than two weeks have passed since Shiva Solanki

was arrested and remanded to police custody. Nothing

has progressed further and this suggests that the

stagnation in the investigation and failure on the part of

investigating agency to go further beyond Shiva Solanki

upto Dinu Bogha Solanki is a conscious exercise to protect

the chief conspirator of the murder. This suggests that the

investigation is not impartial and free from outside

influence.

The petitioner therefore sincerely apprehends political

and other influence upon the investigation authority to

keep Mr. Dinu Bogha Solanki out by hook or crook.

(I) In Kodinar Taluka and in Junagadh District several police

complaints and FIRs for commission of serious offences

including attempt to murder and murder have been

registered against Mr. Dinu Bogha Solanki and in

connection with offences committed at the behest of Mr.

Dinu Bogha Solanki. All such complaints and FIRs have

culminated into Summary Report.

Only in one case involving beating of relatives of present

MLA of Kodinar Mr. Dhirsinhji Barad belonging to Congress

charge-sheet is submitted against Dinu Bogha Solanki and

that is all.

(J) Only after Hon'ble High Court of Gujarat passed an order

on 02.08.2010 in Special Civil Application No.7690 of

2010 filed by Mr. Amit Jethava, the investigating authority

became active as the order was to place before this

Hon'ble Court the update of investigation in the murder of

Amit Jethava by next hearing. It is stated and submitted

that only after the order of 02.08.2010, the arrest were

made and the progress in the investigation became

palpable. All the arrests were made thereafter.

However, it is made clear that the said petition only

involves the issue of illegal mining within the prohibited

area.

(K) Arrest and implication of Member of Parliament Mr. Dinu

Bogha Solanki is likely to disturb many equations among

the police, politician, Bureaucracy and Ambuja Cement

Company and those involved in illegal mining. This will

have far reaching negative impact on these vested

interests.

(L) Arrest and implication of Member of Parliament Mr. Dinu

Bogha Solanki is sure to disturb politician dominance of

Bharatiya Janta Party in the District of Junagadh and the

surrounding District in view of coming panchayat and

local authorities election and therefore the present

investigating agency may not independently and

impartially investigate into the matter.

(M) Murder of Amit Jethava is not an isolated incident

involving Mr. Dinu Bogha Solanki and his group of people.

So many people have made complaints against them and

submitted affidavit/s.

(N) The Detection of Crime Branch, Gayakwad Haveli,

Ahmedabad City is known more for fake encounters

including that of Sorabuddin, Samirkhan, Sadiq Jamal and

Isharat Jahan and others and therefore, the petitioner has

got no trust whatsoever in the bonafide of present

investigating agency.

(O) That in 2003, DIG, Junagadh Range has written to the

DGP, Gujarat State that Mr. Dinu Bogha Solanki is

involved in so many antisocial activities. That he is

interested in his complete hegemony and is so arrogant

that if things do not go as per his expectations, he can

make false and frivolous allegations beyond limits.

SP, Junagadh, in November 2003 has prepared a report

about antisocial activities of the then MLA Dinu Bogha

Solanki to the Collector. The report categorically states

that Mr. Dinu Bogha Solanki is involved in underground

activities. It further states that MLA brings too much and

undue pressure upon local Kodinar police and insists that

the police must register FIR and investigate against the

person he wants by any means. Therefore, no one is

interested in working as PI or PSI in Kodinar Police Station.

If the police do not act as per the expectation of the MLA,

he starts leveling filthy and false allegations against the

police and that brings their moral down. The report

further states that the MLA is not only communal and has

a grudge against Muslims but has problem with other

contractors of Ambuja Cement and politicians affiliated to

Congress.

Most importantly the report states that because of

hegemony of Dinu Bogha Solanki in the area, his victims

are unable to get justice.

The report brings to the light specific instances of

involvement of Mr. Dinu Bogha Solanki in illegal and

underground activities besides his actions to perpetrate

his dominance and hegemony also over the local police.

Unfortunately, such an antisocial man became member of

parliament and the power he commanded ultimately led

to the murder of Amit Jethava according to the petitioner.

The same power and clout, after Dinu Bogha Solanki

became MP went much beyond the borders of Junagadh

District and reached upto Gandhinagar. It is widely

alleged that former Minister for State for Home Mr. Amit

Shah is a good friend, philosopher and guide of Mr. Dinu

Bogha Solanki. It is also alleged that Mr. Amit Shah, at the

time when Amit Jethava was killed, was there in the

Junagadh District as a guest of Mr. Dinu Bogha Solanki

who helped him to hide himself from the CBI to avoid

arrest. This creates much more apprehensions that

Gujarat Police even if evidence are found out will not

implicate Mr. Dinu Bogha Solanki for the murder of Mr.

Amit Jethava.

Hence the present petition.

8. The petitioner states that there is no other alternative equally

efficacious and adequate remedy available to the petitioner,

except to approach this Hon’ble Court under Article 226 of the

Constitution of India.

9. The petitioner has not filed any other proceedings before any

other Court in India for the subject matter of this petition.

10. The petitioner has a prima-facie case. Balance of convenience is

in favour of the petitioner. No irreparable damage will cause to

the respondents, if interim relief/s prayed for are granted. If the

interim relief/s prayed for are not granted, it will frustrate the

petition and make it infructuous.

11. The petitioner, therefore, prays that this Hon'ble Court may be

pleased to issue a writ of mandamus and/or certiorari or any

other appropriate writ, order or direction and thereby be

pleased:

(A) to transfer the investigation in connection with FIR bearing No.

I-CR No.163/2010 dated 20.07.2010 registered at High Court

Sola Police Station for commission of offence punishable under

Section 302, 114 of Indian Penal Code read with Section 25(1)

of Arms Act to an independent investigating agency preferably

CBI or Special Investigation Team comprising of IPS Officers also

of other State cadre;

(B) during the pendency and/or final disposal of the present petition

be pleased to direct the present investigating agency i.e.

respondent DCB, Gayakwad Haveli, Ahmedabad city to place on

record the update about the investigation before this Hon'ble

Court;

(C) to pass such other and further prayer/s in the interest of justice

be granted.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN

DUTY BOUND SHALL FOR EVER PRAY.

____________________Date: (A.J. Yagnik)

Ahmedabad. Advocate for petitioner

AFFIDAVIT

I, Bhikhalal Jethava, son of Kalyanji Jethava, adult, residing at Mukhya

Bazar, Village Khambha, Taluka Khambha, District Amreli, the

Applicant herein, do hereby on solemn affirmation state as under:

1. I am conversant with the facts and circumstances of the case

and am competent to depose that what is stated in the

Application is true to the best of my knowledge, belief and

information and I believe the same to be true.

2. I have gone through a copy of the Application and I solemnly

affirm that what is stated in paras _____________is true to my

own knowledge and what is stated in paras _____________ is true

to the best of my information and belief and what is stated in

paras ______________ of grounds are submissions of law and

paras _______________ contain prayers.

3. I state that the annexures produced with the Application are

true copies of their originals.

Solemnly affirmed at ________________ on this ____ day of ____________

2010.

____________________DEPONENT

Identified by me:

Advocate