Justice for the RTI activist Jethava

Amit Jethava was not a well-known name outside the small circle of people that comprise environmental journalists and conservationists. The investigation was generally considered to be lackadaisical and perfunctory, and hence Jethava’s father approached the High Court of Gujarat praying for transfer of the investigation from the State police to the Central Bureau of Investigation. It also said: “However, when the aforesaid facts are considered cumulatively, it compels us to take a view that in the interest of fair trial, at least crucial witnesses need to be examined again.” The apex court, therefore, directed that 26 important witnesses should be examined de novo and further held that “in order to ensure that there is a fair trial in literal sense of the term, at least till the time eight eyewitnesses are re-examined, Mr Solanki should remain in confinement and he be released thereafter with certain conditions, pending remaining trial”. Sikri and Ashok Bhushan of the Supreme Court said on October 2017: “The High Court found that all the important witnesses including the eyewitnesses resiled from their statements made before the police. Therefore, according to him, it was a fit case for directing retrial by the High Court in exercise of its extraordinary powers under Article 226 of the Constitution of India or the supervisory jurisdiction under Article 227 of the Constitution of India.” In fact, Justice J.B. Pardiwala of the High Court of Gujarat, who directed the retrial, observed: “I have reached to the conclusion without any hesitation that retrial is the only solution to prevent the miscarriage of justice.” This strong stand of the High Court is what put the case back on track.