R M SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the above-mentioned group of cases, Special Criminal Application No. 445/2005 and Special Criminal Application were argued as lead matters. It would therefore, be useful to note in brief the background leading to the said petitions. There are other connected and related proceedings also, to which reference will be made at a slightly later stage.

(2.) SPECIAL Criminal Application No. 445/2005 has been filed by one Bhanubhai Ratilal Parmar stating inter-alia that his younger brother Vinubhai Ratilal Parmar is dealing in land on commission basis. In the course of the business, he had come in contact with various Government officials including the police officers. He came in contact with one R. M. Solanki, Deputy Superintendent of Police, ATS, Ahmedabad who was interested in purchasing land. Some disputes arose between Shri R. M. Solanki and Vinubhai Ratilal Parmar. Shri R. M. Solanki had threatened Vinubhai Ratilal Parmar with dire consequences. He is a highly placed police officer and is posted in ATS. One Hansraj Shekavat was sent by Shri R. M. Solanki on 27. 3. 2005 with whom Vinubhai had accompanied. Since Vinubhai Ratilal Parmar did not return, the petitioner and other family members started searching for him. They also approached Sabarmati police station and lodged a complaint in this regard which was registered as Janva Jog Entry No. 56/2005. The petitioner apprehended that R. M. Solanki would book his brother for offence which he has not committed. It is further stated that on 30. 3. 2005 one news item was published stating that in Junagadh, ATS had conducted a raid and form an Indica Car No. GJ-6-JJ-9216, certain quantity of charas has been seized. It is stated that it is this car in which the brother of the petitioner namely Vinubhai Ratilal Parmar had travelled with Hansraj Shekavat. The petitioner apprehended that his brother would be falsely involved by Shri R. M. Solanki who enjoys vast powers. It is therefore, prayed in the said petition that appropriate directions be given to carry out the investigation by any independent officer superior in rank to Shri R. M. Solanki of the offence in which brother of the petitioner Vinubhai Ratilal Parmar is involved in offence of Narcotic by ATS by conducting raid at Junagadh in the guise that Vinubhai Ratilal Parmar is dealing in charas.

(3.) SPECIAL Criminal Application No. 289/2006 has been filed by Shri R. M. Solanki, Deputy Superintendent of Police. Broadly stated, it is his case that he is a police officer with meritorious service career. He received several rewards and appreciation during his service career. He was recommended for the Presidential award for meritorious service in police by Special Inspector General of Police (Operations),ats Gujarat State.