The Supreme Court today rejected the plea of Gujarat government and BJP MP Dinubhai Solanki, an accused in the murder of RTI activist Amit Jethwa, challenging the transfer of investigation to CBI from state police but granted him bail.
It said that he is allowed to come out of jail not because he is being given special treatment of a sitting MP but for the reason that CBI has completed the probe against him and filed supplementary charge sheet in the case.
A bench comprising justices S S Nijjar and A K Sikri also rejected the plea of the state government to expunge adverse remarks made by the Gujarat High Court against the state police on its investigation into the case but clarified that the trial of the accused will be conducted unaffected and uninfluenced by any of the so-called adverse remarks of the high court.
Jethwa, who was shot dead on July 20, 2010 outside the Gujarat High Court was an RTI and environment activist. He had filed numerous RTI applications and a PIL against illegal mining in Gir forest region and Gujarat Police had ruled out any involvement of Solanki in the murder.
The investigation of the case was transferred to the CBI after the victim's father had moved the high court which had observed that Gujarat Police authority is not free from doubt and to instill confidence in the public, it would be appropriate to transfer the investigation to the CBI.
Gujarat Police had arrested six persons, including Shiva Solanki, nephew of the BJP MP, and sharp shooter Sailesh Pandya who had allegedly shot at Jethwa outside the Gujarat High Court. All of them were questioned by CBI inside a jail after taking permission from the designated court.
