The division bench of Justices D H Vaghela and J C Upadhyay, today while conceding the demand of the RTI activist's father Bhikhabhai, also severely criticised the investigation into the case conducted by Gujarat police.
"The commission of murder, in the facts of the present case, amounted to an affront to the judicial system and a challenge to implementation of an Act of Parliament, with national repercussions and has to be viewed seriously," the bench has observed in its judgment.
A Right to Information (RTI) activist, Jethwa, who had filed numerous RTI applications and a PIL against illegal mining in Gir forest region, was shot dead outside the Gujarat High Court on July 20, 2010.
"Murder of a petitioner in a PIL and an RTI activist, in front of the High Court, could be read as a clear message to the concerned citizens that they may have to pay by their lives, if they insist upon using the tools placed in their hands by law and approach the court for redressal of public grievance against some individuals," court observed.
"Therefore, it is of utmost importance that the case on hand is thoroughly investigated and properly prosecuted by independent and competent officers, so as to inspire confidence and reaffirm faith of the people in rule of law," court has added.
Court has asked the central agency to complete further investigation and file the report, preferably within six months. "Till CBI files report to the court of competent jurisdiction, further proceeding pursuant to the chargesheets submitted by Gujarat police, shall remain stayed," court has ordered.
"Investigation in Jethwa murder case was far from fair, independent, bona fide or prompt... In the interest of justice and to instill confidence in the investigation into a serious case having far reaching implications that we order that further investigation int the case shall be transferred to CBI," the court observed. (More)
