Tortuous Path To Justice : Lifer For Former BJP MP
BY
R.K.MISRA
The
conviction of an MP for murder by the CBI court in Ahmedabad
reveals how the rich and powerful
get away with heinous crimes unless the judicial
system works as it should.
“Not
only must justice be done; it must also be seen to be done”, or so goes an old
saying.
In this case it was finally seen to be done, nine days short of a nine year long
epic battle. when
the Special CBI Court in Ahmedabad sentenced former BJP MP from Junagadh, Dinu Bogha
Solanki and six others, including his nephew and a police constable, life came
full circle for
a grieving father and a small dedicated band which fought indomitable odds to secure
justice for
the murder of his son, RTI activist Amit Jethva in 2010.
Amit’s
father, Bhikhubhai, says: “The conviction is a victory of the judiciary and a proof
that a judicial
system exists which is re-assuring for commoners”. The verdict is perhaps the first time in
the history of Gujarat that a former MP- he was a sitting MP when the crime
took place- has been
held guilty of murder.
The
858 page judgment which sentenced Dinu and five of his accomplices to life
imprisonment is an indictment of the state government.
Judge K.M.Dave has ordered inquiry and
action against officials
of a dozen government departments including the police for covering up as well
as 38 of the
witnesses who turned hostile. Ironically,
six days after the sentencing, the judge
on July 17, 2019,
ordered security cover for the five key witnesses
including well known advocate Anand Yagnik.
Amit
who had taken on powerful people indulging in illegal mining in and around the
lion sanctuary of
Sasan Gir in Gujarat was shot dead outside the Gujarat High Court on July
20, 2010. The killing came
within a fortnight of his filing an RTI on the issue. Amit was shot from point blank range when
he had gone to see his lawyer. He was targeted because he had exposed illegal
mining carried
out by then sitting BJP MP, Solanki, through RTI queries .
Failing
to get a response from the BJP ruled state government, Jethva moved the Gujarat
High
Court and days later paid with his life. Solanki was then a man whose writ ran
over the region and
with high profile connections he
flaunted his opulent lifestyle. According
to one story, he even
owned an air-conditioned tractor.
Proof lay in the fact that despite the
national outcry over the
murder, successive police investigations continued to give a clean chit to the
MP. On July 24, 2010
investigations were transferred from the Ahmedabad police to the Crime branch but
barely a
month later the investigating officer also cleared Solanki of any wrongdoing.
The
matter was back before the High Court which handed over investigation of the
case to the CBI
on September 25 even as it rejected the state government’s plea seeking a
stay on the order.
It
had harsh words to say: “So many people, whose vested interests may
have been affected by his
applications under the RTI Act, could have a motive to contribute into his
killing. Therefore, 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. It is imperative that
proper and comprehensive
investigation is undertaken by an agency which is not under the control of the State
Government. The murder of a petitioner in a PIL and an RTI activist, in front
of the High Court,
amounted to an affront to the judicial system and a challenge to implementation
of an Act of
Parliament, with national repercussions and has to be viewed seriously. Therefore,
it is of utmost
importance that the case is thoroughly investigated and prosecuted by independent officers…..”,
it ruled.
Bhikhubhai
who was fighting spiritedly was backed by a small, determined band of activists
. At one
point Bhikhubhai moved the High Court seeking re-trial on the ground that 105
of the total 195
witnesses had turned hostile under pressure from the BJP leader. By then the
trial had already
concluded. In one incident a scared witnesses under cross-examination ,jumped
out of the
witness-box and ran away after he was told that his son had gone missing. The
High Court ordered
a re- trial. The case reached the Supreme Court which restricted it to
examining 27 witnesses
afresh including 18 eye-witnesses. The High Court also transferred the case to
special CBI
judge K.M.Dave though the trend of
witnesses turning hostile continued. By one count, the number
stood at 155 including those who were re-examined.
Once
the CBI took charge, investigations gathered pace. Dinu Solanki was arrested on
November 5,
2013 and on December 21, 2013, the CBI filed its charge-sheet against him. On
February 25, 2014,
the Supreme Court granted him bail.
According
to special prosecutor Mukesh Kapadia, the testimony of Rama Haja was crucial to
the conviction.
Haja was Solanki’s driver for 18 years. He was moved by the CBI to Delhi and
his statement
recorded under section 164 CrPC. He was an eye-witness to the entire sequence
of events
including the planning of the murder, the involvement and role of each of the co-accused including
the policeman and the hiring of paid killers, and also included a crucial piece
of evidence—he
testified that Solanki received a call on his mobile informing him that the job
of killing
Jethva had been completed. The mobile had gone missing but Haja showed CBI the location
where the mobile had been buried and call-data records nailed the strongman.
Bhikhubhai
was supported in no small measure by lawyer activist Anand Yagnik.”We filed 35 petitions
before the High Court in our pursuit of justice. These were powerful
people who had the best
legal brains working for them but ours was a fight for justice”, says the
lawyer who himself testified
before the courts that Jethva had spoken of a threat to his life from Solanki.
Yagnik was the
legal brain behind Jethva’s original crusade. He was supported by Mahesh Makwana,
also an RTI
activist and a close associate of Jethva in the battle against the illegal
mining mafia. The Dalit activist
was even assaulted by goons in 2016.
”There are nearly 50 criminal complaints filed
against Dinu Solanki and his family members and accomplices
but the cops go through the rigmarole of filing reports and exonerating them”,
he says,
adding that he will continue the crusade taken up by his late friend.
At
one point, Bhikhubhai had sought police protection for the judge hearing the case.
The
judgment
was delivered amidst tight security and in-camera. Among those held guilty
of murder, criminal
conspiracy and violations of the arms Act include besides Dinu Solanki, his
nephew Pratap
alias Shiva Solanki, Pachan Desai, police constable Bahadursinh Vadher, sharp
shooters Shailesh
Pandya, Sanjay Chauhan and Udhaji Thakore.
Bhikhubhai Jethva understands well that this
may be a mere punctuation mark in a continuing battle
against both the illegal mining mafia and the legal battle he is fighting, but
is determined to
carry it to its logical end. As he says: ”My son can now finally rest in peace
for he has got justice
after a very long struggle”.
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