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2014 Supreme(SC) 146

S.S.NIJJAR, A.K.SIKRI
Dinubhai Boghabhai Solanki – Appellant
Versus
State of Gujarat – Respondent


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 act
























































































































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