Court expressed its views after the state govt filed an Action Taken Report (ATR) regarding the status of the probe of Amit Jethava’s sensational murder.
SJ Mukhopadhaya, the chief justice of Gujarat high court has raised sharp questions over the issue of illegal mining in the Geer forest area in Junagadh district.
The bench, comprising of chief justice SJ Mukhopadhaya and justice KM Thaker, had then sought suggestions to curb illegal mining and prospectus course of action from Amit Jethava's lawyer and also an RTI activist, who was shot dead last month, after he filed a Public Interest Litigation (PIL), raising issues of illegal mining.
On Monday, when the state government filed Action Taken Report (ATR) regarding status of the investigation of the sensational murder of Jethava, right in front of the Gujarat high court complex, the chief justice asked the government pleader that, 'but what about the illegal mining, who should be held responsible for that?'
The chief justice raised queries after PK Jani, Government Pleader (GP), apprised the bench that, the Detection of Crime Branch (DCB), which is investigating the Jethava case, "Three accused had been arrested so far in the case and three others are yet to be arrested." Giving a report in a sealed cover, Jani further argued that, "The DCB has formed team of eight cops including two police inspectors, two sub-inspectors and others and the investigation is going on further."
"The mafia should not take legal advantage of inadequate actions," the chief justice said during the hearing. The bench has also put forth example of illegal mining in Tamil Nadu and the actions taken against them.
The court also emphasised upon the local police's role. "It's not only the responsibility of the mining department, but an active participation of the local police is also necessary, as without their participation the mafia can take undue advantage of the legal system."
The chief justice also opts for stringent actions against government officers who are responsible of illegal mining, "It should be also looked into by the Collector, Mamlatdar, Circle officer and the local police, apart from mining and forest department. First, it should be found out that in which land, the illegal activities are going on, following which, the erring officers should be suspended, if necessary." The chief justice has also said that, "There is no point in seizing two trucks, just to show the work done and let go of the 98 trucks of illegal mining."
Meanwhile, Jethava's younger brother, Bhavin and maternal uncle Vijay Ratho, has moved a plea through their counsels Bhushan Oza and Anand Yagnik seeking to join as applicants in the PIL.
The bench has also approved their application and the next scheduled hearing is on September 16.
Amit Jethava, an RTI and environment activist in Junagadh had filed a PIL before the Gujarat high court against the unprecedented illegal mining in the Geer lion sanctuary and forest area. Jethava also named Dinu Solanki, a MP of BJP, as among the main operators of the illegal mining business in the region, which is fatal for the sanctuary as well as the environment.
In a few days after filing the PIL, Jethava was shot dead by anonymous assailants. However, after investigations, DCB has arrested three people including a police constable, Bahadursinh Vadher, who is said to be a close aide of Dinu Solanki. The police are currently searching for Shiva Solanki, nephew of Dinu Solanki for further interrogations as his name has allegedly emerged in the case. Jethava's father has already alleged that, Dinu Solanki is behind the murder of his son.
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