In a landmark judgment, Gujarat High Court has ordered retrial even before the trial court pronounces its verdict in RTI activist Amit Jethva murder case in which a former BJP MP Dinu Solanki is a key accused.
The court sets aside the ongoing trial in the CBI court, calling it “miscarriage of justice” as the trial was managed by the key accused Solanki, a powerful political leader in the state.
According to lawyer Anand Yagnik, who appeared for Jethva’s father, the High Court has concluded the trial was influenced by the accused and therefore, it has been set aside even before the verdict is pronounced.
The trial court had concluded the trial but the same was stayed by the court on the ground that 105 out of 195 witnesses had turned hostile during the course of trial.
“This is a first case in the judicial history of the country that before pronouncement of judgement, the trial has been set aside and retrial ordered before a new judge,” Mr. Yagnik told The Hindu , adding, the court has directed the state of Gujarat and prosecuting agency CBI to ensure the retrial is conducted without any influence of money and muscle power of the accused.
Amit Jethva, a wildlife and RTI activist in Saurashtra region, was shot dead outside Gujarat High Court in 2010 when he had filed a PIL exposing rampant mining of limestone Gir forest.
The case was first probed by Ahmedabad crime branch, which had filed a charge sheet against five persons while the then Junagadh MP Dinu Solanki was given a clean chit. Subsequently, the case was handed over to the CBI, which had arrested and charge sheeted Mr. Solanki in 2013.
The central agency had stated that Mr Jethva was killed primarily as he was exposing the illegal mining involving Mr. Solanki and his relatives in Kodinar area.
