The Supreme Court on Monday criticised the Gujarat High Court order describing BJP MP Dinubhai Solanki as a prime accused in the 2010 killing of RTI activist Amit Jethwa in Gujarat.
A three-judge Bench led by Chief Justice Altamas Kabir took strong exception to the HCs September 25 order wherein the court had transferred the probe to the CBI for an independent investigation and made damning observations against the MP from Junagadh,whose nephew is among the six persons who have been chargesheeted by the state police.
Adjudicating a petition by Solanki against this order,the court noted that it was not proper on the part of the HC to pass adverse remarks against the MP while the investigation was still on,and when Solanki was not even a party to the petition before the HC.
We must say we are not happy at all with the HC order. We are not saying that the investigation could not have been transferred to the CBI but why were all these accusations made against this person? How does he become a main accused when he was not even heard? HC has made all the allegations against him without hearing him, said the Bench.
Issuing a notice on his special leave petition challenging the HC order after which the CBI has registered an FIR in the murder case,the court said there may be allegations of complicity against Solanki but the HCs order was not appropriate since it never made him a party to the case.