SC regrets not having heard plea to rescind ex-BJP MP's bail

The Supreme Court today regretted not having heard a plea for rescinding bail of former Gujarat BJP MP and key accused Dinubhai Boghabhai Solanki in the brutal murder case of RTI activist Amit Jethwa and expressed concern over witnesses turning hostile in the matter.
A bench of Justices A K Sikri and Ashok Bhushan said that they have also perused the CBI report stating that the witnesses in the case have complained about having received threats.
"Today, we are regretting as to why we did not hear the application for cancellation of bail of the accused. We are worried as a large number of witnesses have turned hostile in the case. Now that application has become infructous as trial has finished and the high court is seized of the matter," the bench said.

Solanki is the prime accused in the murder case of Jethwa who was shot dead in broad daylight outside the Gujarat High Court premises in July 2010.
The CBI had chargesheeted Solanki who represented Junagarh constituency in Lok Sabha at that time, in the case along with six others including his nephew Shiva Solanki and sharp-shooter Sailesh Pandya.
Senior advocate Ashok Desai, appearing for Solanki, said that the high court has stayed the proceedings in the case in the trial court which has reserved its verdict for April 11.

He sought setting aside of the high court order and allowing the trial court to deliver the verdict.

Advocate Prashant Bhushan said that out of 195 witnesses in the case, 105 have turned hostile. He said in another case, Solanki, who was caught on camera hitting some people in the high court after watching a video, was accused of having misused his bail conditions.
He said that the high court has called for the trial court records and stayed the proceedings as father of Jethwa has sought a direction to the CBI to investigate into the reasons behind large number of witnesses having turned hostile.
"Let the high court decide the matter pending with it on its own merit," the bench said and posted the matter for further hearing to the last week of this month.

Bhushan said that the court should also look into the CBI affidavit filed in the case.
The court said that the CBI affidavit has been perused and it is concerned with such large number of witnesses having turned hostile.
"At this juncture the plea for cancellation of bail has become infructuos and the high court is seized of the matter. The high court may or may not send back the matter for retrial based on merit," it said.
Jethwa had filed numerous RTI applications and a PIL in the high court against illegal mining in and around Gir forest sanctuary.

The social activist's murder case in 2012 was transferred to the CBI by the Gujarat High Court after his father complained about no action by the state police.