A judge of the Gujarat High Court on Monday recused himself from hearing a petition filed by father of RTI activist Amit Jethva, seeking protection for the principal session judge who is presiding over his son’s murder trial. Among the key accused in the murder case is former BJP MP from Junagadh, Dinu Bogha Solanki. The petition, moved by Bhikhalal Jethva last week, was listed for hearing in the court of Justice R P Dholaria on Monday, but the judge recused himself, saying “not before me.” Amit Jethva was shot dead outside the Gujarat High Court on July 20, 2010 for reportedly exposing illegal mining activities in Gir forest by former MP Solanki. Bhikhabhai’s petition for providing security cover to the trial judge is based on a news report published by The Indian Express on August 14 in which it was reported that special CBI judge K M Dave had sought round-the-clock protection for himself and his family on the ground that he was conducting the trial of a “sensitive” case. The report also stated that on behalf of special judge, principal sessions judge A R Patel — who has been transferred — had written a letter to CBI Director in June seeking security cover for Dave and his family. Citing the report, Bhikhabhai sought court’s intervention to provide security to the judge. Sources, however, said that the authorities have not given the judge any security “since there was no threat to his life”. In his petition, Bhikhabhai also stated how after 105 out of a total of 195 witnesses turned hostile, the High Court had ordered retrial of the case. “The reason and object behind directing retrial and affording complete protection to witnesses was to ensure a fair trial in its truest sense. Thus if witnesses are to be protected, it goes without saying that the judicial officer who shall be presiding over the trial has to be protected all the more since the dispensation of justice is more his obligation than anyone else’s. In such a scenario, not providing and not deciding upon the letter for providing security cover to the Hon’ble Judge, by the respondent CBI is nothing but paralysing the institution and making justice the victim, thereby leading to collapse of rule of law and the Constitution of India,” the petition stated. The murder case was first investigated by the Ahmedabad Detection Crime Branch (DCB) which chargesheeted six persons — Shiva Solanki (nephew of Dinu Solanki), Shailesh Pandya, Bahadursinh Vadher, Panchan G Desai, Sanjay Chauhan and Udaji Thakore. Solanki was given clean chit by the DCB following which Bhikhabhai moved the High Court for further probe. The High Court had ordered CBI probe and Solanki was arrested in 2013 from Delhi and was chargesheeted. The CBI has accused Solanki as the main conspirator. Later on, both the cases — probed by the DCB and CBI — were clubbed together and the central agency was asked to conduct the trial. After several crucial witnesses turned hostile, Bhikhabhai again moved the High Court which ordered a fresh trial while observing that “it is brazen highhandedness of the accused persons which warrants fresh trial”. The accused persons challenged the order of fresh trial in the Supreme Court, which passed an order for recalling 26 crucial witnesses, including eight eye witnesses, rather than going for a fresh trial.
