IMPORTANT POINT
Accused has no right of audi alteram partem before transfer of investigation to CBI.
Being a sitting MP is no ground for grant of bail.

Headnote:(a) Code of Criminal Procedure, 1973 – Section 173(8) – Transfer of investigation from State police to CBI – High Court has discretionary power to do so – Accused has no right of audi alteram partem before such transfer. (Para 26, 36, 44)
       (1993) Supp.4 SCC 260; (1996) 11 SCC 253; (1999) 5 SCC 740; (2009) 6 SCC 65; 1994 Supp (1) SCC 145; (2009) 5 SCC 313 – Relied upon
       (2008) 3 SCC 542; (2009) 10 SCC 488; 2012 Cr L J 1001; (2012) 8 SCC 106 – Distinguished
       (b) Administration of Justice – Judicial propriety – Observations by High Court in respect of appellant while entrusting investigation to CBI – Not aspersions – Only factual analysis leading to conclusion that investigation by State police was not fair – Investigation transferred to instill confidence in the public – Observations not expunged. (Para 56, 57)
       (c) Code of Criminal Procedure, 1973 – Section 439 – Bail – Being a sitting MP is no ground for grant of bail – Appellant is a suspect/accused – Copiers of all sensitive statements not supplied to appellant – CBI submitting supplementary charge sheet – Appellant no longer required for further investigation – No likelihood of the petitioner-appellant tampering with the evidence – Trial likely to take longer time – Bail granted. (Para 60, 61)
       (d) Constitution of India – Article 136/21 – Petitioner’s application for stay of coercive action prejudicing his life and personal liberty – Bail already granted in Crl. Misc. Petition No.23723 of 2013 – This application becoming infructuous – Dismissed. (Para 64)
       Facts of the case:
       Jethwa, President of the Gir Nature Youth Club at Khamba, Gujarat, had filed PIL against illegal mining within 5 kms radius from boundary of Gir Sanctuary.
       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. 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 shot dead on the very next day, i.e. 20th July, 2010.
       Appellant was alleged to be behibd killing of Jethwa.
       On reviewing the investigation conducted into the aforesaid allegation and filing of final form the High Court came to the conclusion that investigation conducted by the Gujarat Police authority was not free from doubt and that to instill confidence in the public, it would be appropriate to transfer the investigation to CBI.
       This order is under challenge in this case.
       Finding of the Court:
       Appeal sans merit.

JUDGMENT

SURINDER SINGH NIJJAR, J.

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.

4. Jethwa was the President of the Gir Nature Youth Club at Khamba, Gujarat. He had been active in fighting against encroachment of forests and poaching. He was also instrumental in the successful prosecution of the actor Salman Khan for shooting an endangered Chinkara deer. He had also taken up cudgels against the actor Aamir Khan when a deer was used in a scene in the movie Lagaan. Apart from this, Jethwa rigorously campaigned against corruption among officers of the Indian Forest Service and opposed the mala fide application of Article 356 of the Constitution of India. In 2007, he had drawn attention to the mysterious death of lions in the Gir Forest, including three that were shot within a few hundred meters of the Babariya forest guard outpost. Jethwa had claimed that “such a thing cannot be possible without support of some forest officials”. On that basis, he had sought suspension of a particular IFS Officer. The incident ultimately led to the uncovering of a large lion poaching gang. He later campaigned against shifting of lions to the Kuno Wildlife Sanctuary in Madhya Pradesh. According to him, his efforts were often blocked by forest officials by charging him with offences such as photographing a dead lion and trespassing. In 2007, Jethwa contested the State Assembly elections against the appellant herein, but lost. In 2008, Jethwa was very actively involved in spreading awareness about effectiveness of the Right to Information Act for addressing grievances, and conducted workshops on the procedure to file requests under RTI, to prevent corrupt practices and other mal- administration. In 2010, Jethwa had filed a Public Interest Litigation (writ petition) questioning the inaction of State Government over the appointment of Lokayukta. The High Court directed the Government to appoint Lokayukta. He had also spearheaded the campaign against rising case pendency in the Gujarat Information Commission due to lack of commissioners. It was on his petition that the High Court gave direction to the State Government to complete the appointments within a stipulated time. He again came to the rescue of RTI applicants by filing a writ petition in the Hig

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2014 Supreme(SC) 146

IMPORTANT POINTAccused has no right of audi alteram partem before transfer of investigation to CBI.Being a sitting MP is no ground for grant of bail.

Cases Referred (10)

IMPORTANT POINT
Accused has no right of audi alteram partem before transfer of investigation to CBI.
Being a sitting MP is no ground for grant of bail.