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SCA/7690/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7690 of 2010
with
CIVIL
APPLICATION No. 9711 of
2010
=================================================
AMIT
B JETHAVA - Petitioner(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 9 - Respondent(s)
=================================================
Appearance :
MR
BHUSHAN B OZA for Petitioner(s) : 1,
MR PS CHAMPANERI for
Respondent(s) : 1,
MR RM CHHAYA for Respondent(s) : 1,
MR PK
JANI GP for Respondent(s) : 2 - 7.
MR VIMAL M PATEL for Respondent
No.9
MR
NH PAHWA for Respondent NO.10
NOTICE
SERVED BY DS for Respondent(s) : 2 -
10.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 23/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
ORDER
IN CA:
The
petition for substitution has been filed by the petitioners as the
original petitioner (Amit Jethava) was shot dead on 20.07.2010 when
he was coming out from the Chamber of the Counsel. The 1st
petitioner is the younger brother and the 2nd petitioner
is the maternal uncle of the deceased original petitioner (Amit
Jethava), who filed the Public Interest Litigation. Having heard
counsel for the parties and taking into consideration the public
interest, we allow the petition and order to substitute Shri Bhavin
B. Jethava and Shri Vijaykumar V. Rathod, the 1st and 2nd
petitioners, in place of the deceased original petitioner (Amit
Jethava). Civil Application stands
disposed of.
ORDER
IN SCA:
An
affidavit has been filed on behalf of the Police Inspector, Crime
Branch, Ahmedabad, enclosing a copy of the action taken report. Mr.
P.K. Jani, learned counsel appearing for the State submits that the
investigation is in progress and three persons have been taken into
custody, and for the said reason, the report has been submitted in a
sealed cover. Having heard counsel for the parties, and taking into
consideration the fact that the investigation is in progress, and so
as to ensure that no interference is made with the investigation, the
sealed cover is returned back to the learned counsel for the State.
If necessary, Court may ask for the development in the matter. Reply
affidavit has been filed on behalf of the 9th respondent.
Mr. Navin Pahwa, counsel appearing for respondent no.10 submits that
reply will be filed within a week. All the parties are directed to
exchange the copies of the reply affidavits. Post the matter on
16.09.2010 in the 1st board.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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