DINUBHAI BOGHABHAI SOLANKI Vs. STATE OF GUJARAT
LAWS(SC)-2014-2-53
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
February 25,2014
Dinubhai Boghabhai Solanki
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
UNION OF INDIA VS. W N CHADHA [REFERRED TO]MOHAMMAD ANIS VS. UNION OF INDIA [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. RAJESH GANDHI [REFERRED TO]
BHAGWAN SAMARDHA SREEPADA VALLABHA VENKATA VISHWANDADHA MAHARAJ VS. STATE OF ANDHRA PRADESH [REFERRED TO]
DIVINE RETREAT CENTRE VS. STATE OF KERALA [REFERRED TO]
BANK OF INDIA VS. K MOHANDAS [REFERRED TO]
NARENDRA G GOEL VS. STATE OF MAHARASHTRA [REFERRED TO]
D VENKATASUBRAMANIAM VS. M K MOHAN KRISHNAMACHARI [REFERRED TO]
STATE OF PUNJAB VS. DAVINDER PAL SINGH BHULLAR [REFERRED TO]
MAYAWATI VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
JAMIA HAMDARD (DEEMED UNIVERSITY) AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-8-352] [REFERRED TO]KANACHUR ISLAMIC EDUCATION TRUST (R) VS. THE MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS. [LAWS(DLH)-2015-9-110] [REFERRED TO]
ASHOKA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-12-111] [REFERRED TO]
ARJUN BHANOT VS. STATE OF PUNJAB [LAWS(P&H)-2021-8-109] [REFERRED TO]
NAGALINGASWAMY H.S. VS. STATE OF KARNATAKA ORS. [LAWS(KAR)-2015-2-360] [REFERRED TO]
SIMA GHATAK VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-4-206] [REFERRED TO]
AARIF KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-7-14] [REFERRED TO]
SANJEEV VS. STATE OF U.P. [LAWS(ALL)-2022-10-21] [REFERRED TO]
BHUSHAN GOVARDHAN BIHANI VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-177] [REFERRED TO]
DEEPALI AGGARWAL VS. STATE [LAWS(DLH)-2020-7-30] [REFERRED TO]
IRFAN PASHA VS. STATE [LAWS(KAR)-2017-3-38] [REFERRED TO]
KAMALAKANTA TRIPATHY @ BABULI VS. STATE OF ODISHA [LAWS(ORI)-2020-7-6] [REFERRED TO]
PANKAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2021-3-16] [REFERRED TO]
PANDURANG S/O TUKARAM THAKARE VS. STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2016-10-202] [REFERRED TO]
DINUBHAI BOGHABHAI SOLANKI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GJH)-2018-4-69] [REFERRED TO]
BHIKHALAL KALYANJI JETHAVA VS. CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(GJH)-2017-6-126] [REFERRED TO]
SATISHKUMAR NYALCHAND SHAH VS. STATE OF GUJARAT [LAWS(SC)-2020-3-3] [REFERRED TO]
KALPESH H THAKKER VS. STATE OF GUJARAT [LAWS(GJH)-2015-5-33] [REFERRED TO]
DIPAK KHANIKAR VS. STATE OF ASSAM [LAWS(GAU)-2018-4-151] [REFERRED TO]
HANUMESH NAYAK AND ORS. VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-9-172] [REFERRED TO]
TUNGAMMA W/O NINGANAGOUDA GOUDAR VS. UNION OF INDIA, REP BY SECRETARY, DEPARTMENT OF PERSONNEL, NEW DELHI [LAWS(KAR)-2019-3-92] [REFERRED TO]
DINUBHAI BOGABHAI SOLANKI VS. STATE OF GUJARAT [LAWS(GJH)-2024-5-90] [REFERRED TO]
K.G.UTHAYAKUMAR VS. STATE [LAWS(MAD)-2015-1-15] [REFERRED TO]
SAVITRI DWIVEDI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-9-52] [REFERRED TO]
MOHAN VS. STATE OF HARYANA [LAWS(P&H)-2015-4-222] [REFERRED TO]
SOMESH DASGUPTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-5-37] [REFERRED TO]
DINUBHAI BOGHABHAI SOLANKI VS. STATE OF GUJARAT [LAWS(SC)-2017-10-46] [REFERRED TO]
SANJIV RAJENDRA BHATT VS. UNION OF INDIA [LAWS(SC)-2015-10-87] [REFERRED TO]
BRAHM PAL SINGH VS. STATE OF UTTARKHAND [LAWS(UTN)-2017-6-2] [REFERRED TO]
BRAHM PAL SINGH VS. STATE OF UTTARKHAND AND ANOTHER [LAWS(UTN)-2017-6-4] [REFERRED TO]
SUNITA DEVI VS. STATE OF BIHAR [LAWS(PAT)-2021-9-8] [REFERRED TO]
M.MANJULA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-660] [REFERRED TO]
J ANBAZHAGAN MEMBER OF LEGISLATIVE ASSEMBLY CHEPAUK VS. UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-4-733] [REFERRED TO]
PROSECUTRIX (MINOR) VS. STATE OF M.P [LAWS(MPH)-2021-6-8] [REFERRED TO]
SRI BASAVARAJ SHIVAPPA MUTTAGI VS. STATE OF KARNATAKA [LAWS(KAR)-2021-10-9] [REFERRED TO]
SHIVANGI AMIT PANCHAL VS. STATE OF GUJARAT [LAWS(GJH)-2019-4-196] [REFERRED TO]
SOUMEN NANDY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-106] [REFERRED TO]
JETUBEN W/0. RAFIQBHAI SALOT VS. STATE OF GUJRAT & ORS. [LAWS(GJH)-2017-2-61] [REFERRED TO]
SHIVAM VS. STATE OF U.P. [LAWS(ALL)-2021-4-2] [REFERRED TO]
E SIVAKUMAR VS. UNION OF INDIA AND ORS [LAWS(SC)-2018-5-82] [REFERRED TO]
GOPALAN ADIYODI VAKKEEL SMARAKA TRUST TIRUVANGAD T VS. STATE OF KERALA REPRESENTED BY SECRETARY HOME DEPA [LAWS(KER)-2018-5-40] [REFERRED TO]
SASWATI DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-57] [REFERRED TO]
SUNITA SHUKLA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-4-117] [REFERRED TO]
PROMITA DUTTA VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-5-89] [REFERRED TO]
TANWEER SERAJ VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-7-29] [REFERRED TO]
KRISHAN GOPAL S/O SHRI NARAYAN VS. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR [LAWS(RAJ)-2016-10-128] [REFERRED TO]
JUDGEMENT
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(1.)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. 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.
(2.)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:
a. Admit this petition.
b. 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."
(3.)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. This, according to Jethwa, was having an adverse effect on the natural habitat of the Asiatic Lions. He was particularly concerned with illegal mining within 5 kms radius from the boundary of Gir Sanctuary Area. More than 50 mines in the names of different persons were mentioned in the writ petition wherein illegal mining was alleged. Enquiry into the allegations made by Jethwa was in progress in the aforesaid writ petition, when he was brutally murdered.
(2.)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:
a. Admit this petition.
b. 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."
(3.)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. This, according to Jethwa, was having an adverse effect on the natural habitat of the Asiatic Lions. He was particularly concerned with illegal mining within 5 kms radius from the boundary of Gir Sanctuary Area. More than 50 mines in the names of different persons were mentioned in the writ petition wherein illegal mining was alleged. Enquiry into the allegations made by Jethwa was in progress in the aforesaid writ petition, when he was brutally murdered.
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