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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 Jethava


Mukhya Bazar,
Village Khambha,
Taluka Khambha,
District Amreli … Petitioner

Versus

1. State of Gujarat
Notice 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

To
Hon'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