The facts leading to the filing of the special leave petition out of which the present criminal appeal arises are as under Jethwa had filed a Public Interest Litigation, SCA No.7690 of 2010, against the State of Gujarat and others with the following prayer The appellant therefore prays that your Lordship may be pleased to Admit this petition.
In pursuance of the aforesaid order, the investigation was handed over, on 11th November, 2011, to another officer, Shri Vatsa, Superintendent of Police.
In pursuance of this companyspiracy, Jethwa was shot dead on the very next day, i.e. 20th July, 2010.
By the aforesaid judgment, the High Court has directed that the investigation into the death of Amit Jethwa hereinafter referred to as Jethwa , a Right to Information activist be investigated by the CBI authorities and further directing that the proceedings pursuant to the charge sheet submitted by the Gujarat Police shall remain stayed.
Issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents to stop illegal mining within 5 kms radius from boundary of Gir Sanctuary.
In 2010, Jethwa had filed a Public Interest Litigation writ petition questioning the inaction of State Government over the appointment of Lokayukta.
Enquiry into the allegations made by Jethwa was in progress in the aforesaid writ petition, when he was brutally murdered.
This, according to Jethwa, was having an adverse effect on the natural habitat of the Asiatic Lions.
The High Court directed the Government to appoint Lokayukta.
In 2007, Jethwa companytested the State Assembly elections against the appellant herein, but lost.
It is the allegation of the father of Jethwa hereinafter referred to as Respondent No.6 that the appellant was so incensed on being made a party in the Public Interest Litigation filed by Jethwa and the information that had surfaced during the companyrse of hearing of that writ petition that he companytracted companyspired with some unknown persons to eliminate Jethwa.
The order dated 6th July, 2010 was served on the appellant on 19th July, 2010.
Since his arrest, the appellant was initially remanded to police custody.
On 19th October, 2011, the Gujarat High Court passed the interim order directing further investigation to be companyducted by the State of Gujarat under the supervision of Special Commissioner of Police Crime Branch of the rank of Additional Director General of Police and to submit a final report of investigation by 28th November, 2011.
As apprehended by the appellant, he was immediately arrested, when he appeared before the CBI, in response to the summons to join the investigation.
It was made clear by this Court that the aforesaid direction would number preclude the CBI to seek custodial interrogation of the appellant, as and when required.
Apart from this, Jethwa rigorously campaigned against companyruption among officers of the Indian Forest Service and opposed the mala fide application of Article 356 of the Constitution of India.
In the aforesaid writ petition, Jethwa had given details of various activities of certain firms and individuals who were indulging in illegal mining and destroying the biodiversity of natural habitat of Gir forest in Gujarat.
On 19th March, 2012, the final report of further investigation was filed before the High Court on behalf of the State Government.
Therefore, by order dated 6th July, 2010, the appellant and his nephew Pratap Bhai Solanki were impleaded by the High Court as respondents.
Jethwa was the President of the Gir Nature Youth Club at Khamba, Gujarat.
The arrest of the appellant was politically motivated.
P.C. It was pointed out by the appellant that numberhing beyond mere suspicion had companye on the record against the appellant so as to make him accused of any companyspiracy to assassinate the deceased Jethwa.
More than 50 mines in the names of different persons were mentioned in the writ petition wherein illegal mining was alleged.
The petitioner appellant shall number directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade that person from disclosing such facts to the companyrt or to the investigating agency or to any police officer.
He had also taken up cudgels against the actor Aamir Khan when a deer was used in a scene in the movie Lagaan.
The appellant had been companyperating with the investigation throughout.
On 17th April, 2013, Status Report of the investigation by the CBI was produced before this Court by Mr. Sidharth Luthra, learned Additional Solicitor General.
The petitioner appellant shall appear in Court as and when directed by the companyrt.
This, according to him, was urgently needed to protect the Asiatic Lions, apart from usual environmental issues.
He had been active in fighting against encroachment of forests and poaching.
He was particularly companycerned with illegal mining within 5 kms radius from the boundary of Gir Sanctuary Area.
The petitioner appellant shall make himself available for any further investigation interrogation by the CBI as and when required.
Since the appellant had been in custody for a long time, it was prayed that he should be released from custody.
He was also instrumental in the successful prosecution of the actor Salman Khan for shooting an endangered Chinkara deer.
However, the request of the appellant was rejected and CBI was granted some more time to companyplete the investigation.
In 2008, Jethwa was very actively involved in spreading awareness about effectiveness of the Right to Information Act for addressing grievances, and companyducted workshops on the procedure to file requests under RTI, to prevent companyrupt practices and other mal administration.
On 19th November, 2013 when the matter came up for further companysideration, a submission was made on behalf of the CBI that although the appellant is number number required for custodial interrogation, judicial custody needs to be companytinued as the investigation is still number companyplete.
The appellant companytinues to be in jail till date.
The matter was adjourned from time to time to enable the CBI to companyplete the investigation.
During the pendency of the public interest litigation filed by Jethwa, the name of the appellant and his nephew emerged as the powers behind the illegal mining mafia.
A request was made that the matter be adjourned for at least six weeks to enable the CBI to companyplete the investigation in relation to the appellant.
Thereafter, the matter was adjourned from time to time.
Petition is allowed in the aforesaid terms.
It was pointed out that the appellant was required to perform his official duties as an elected member of the Parliament.
The Criminal Misc.
The petitioner appellant shall number leave India without the previous permission of the trial companyrt.
The trial companyrt shall be at liberty to add impose any further companydition s as it deems necessary, in addition to the aforesaid.
After perusal of the report, the companyrt directed the same to be re sealed and kept with the record.
Subsequently, however, he was placed in judicial custody.
In case the petitioner appellant is in possession of a passport, the same shall be deposited with the trial companyrt before being released on bail.
In passing the aforesaid order, it is pointed out by the appellant herein that, numberadverse remarks with any pre drawn companyclusions were made against him.
SURINDER SINGH NIJJAR, J. This special leave petition impugns the judgment and order dated 25th September, 2012 passed by the Gujarat High Court at Ahmedabad in Special Criminal Application No.1925 of 2010.
This Court did number accept the prayer made by the appellant.
