RTI Activist Amit Jethwa Murder: Supreme Court Refuses To Interfere With HC Order Suspending Life Sentence Of Ex-BJP MP Dinu Bogha Solanki

The Supreme Court on Monday refused to interfere in the SLP assailing Gujarat High Court's order of suspending the Life-imprisonment sentence of Ex-BJP MP Dinu Bogha Solanki who was convicted by a special CBI court in 2019 for killing RTI activist Amit Jethwa in 2010 pursuant to the activist trying to expose illegal mining activities in the Gir forest region.

The bench of Justices AM Khanwilkar and CT Ravikumar while rejecting the SLP said that the same was not an affirmation of the opinion made by the High Court.

The Top Court also requested the Gujarat High Court to dispose former MP Dinu Bogha Solanki's appeal challenging his conviction and life sentence awarded in connection with the RTI activists's murder expeditiously by the end of 2022.

Accordingly the bench in its order said,

"Heard Counsel for the Parties. In peculiars facts of the present case, we decline to interfere in the exercise of Art 136. However, we make it clear that SLP rejection is not affirmation of the opinion made by the HC, which the high court will have to revisit during the hearing of the appeal. All contentions available to both sides during the appeal must be considered on its own merits in accordance with the law. Considering the nature of issues involved, we deem it appropriate to request the high court to dispose of the appeal expeditiously, preferably by the end of 2022."

The SLP was filed by Jethwa's father Bikhalal Kalyanji Jethwa challenging the High Court's order dated September 30, 2021.

Gujarat High Court's Order

Suspending the former MP's sentence for the duration of the pendency of his appeal (filed against CBI's Court conviction judgment) before the Gujarat High Court and granting him conditional bail, the Bench of Justice Paresh Upadhyay and Justice AC Joshi observed that the CBI court's judgment was based on 'assumptions and presumptions' and that the verdict was 'prima facie erroneous'.

The Court observed that the case was based on circumstantial evidence and referred to the case of Sharad Birdhi Chand Sarda vs State Of Maharashtra 1984 AIR 1622 and noted that the accused of an offense must be and not may be proved to be guilty.

The bench had also observed that initially the applicant was not named as an accused, either by the state police authorities or by the CID, however, when the matter was transferred to CBI in the year 2013, and the CBI found in its investigation that one person who was employed by the applicant said that he had heard applicant saying that something was needed to be done regarding the deceased.

In these circumstances, the Court found the decision of CBI as unsustainable while noting that there was a breach of principles laid down by the Supreme Court in the case of Sharad Birdhi Chand Sarda and the Court didn't find any chain of evidence established against the applicant.

The Court was of the view that even false implication of applicant can't be ruled out. Consequently, the Court granted him bail on a 1 lakh personal bond and one surety of equal amount with the further condition that he shall not leave the country without the permission of the Court.

Case Title: Bikhalal Kalyanji Jethwa v. State of Gujarat and Ors| SLP (Crl) 9546/ 2021

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