The Supreme Court has rejected a bail plea of former Gujarat IPS officer Sanjiv Bhatt for bail and suspension of the sentence in connection with a custodial death case of 1990. Bhatt is serving life imprisonment.
On Tuesday while hearing the plea, a division bench of Justices Vikram Nath and Sandeep Mehta directed that the hearing of his appeal be expedited.
“We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein above are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused. The prayers sought by the appellant, Sanjiv Kumar Bhatt, for the grant of bail are dismissed. Hearing of the appeal is directed to be expedited,” Justice Mehta said while reading out the order.
The case dates back to 1990. Bhatt was then posted as the additional superintendent of police in Jamnagar, Gujarat. He had detained around 133 people under the stringent Terrorist and Disruptive Activities (Prevention) (TADA) Act during a communal riot in Jamjodhpur town.
On November 18, 1990, Prabhudas Vaishnani, one of those detained died in November 1990 in a hospital after he was released. He was allegedly tortured in custody. A complaint of custodial death was registered against seven policemen, including Bhatt, by Amrutlal Vaishnani, the brother of the deceased, following which the investigation was transferred to the state Criminal Investigation Department (CID) branch in Gandhinagar.
In 1995, the CID investigating officer requested sanction from the government to prosecute Bhatt as is required for the prosecution of a government officer when on duty. However, the government did not grant the sanction. After that, CID filed A – summary report, which is a closure report, in the court.
Bhatt was one of the couple of officers who deposed before Justice Nanavati and Justice Mehta Committee looking into Godhra carnage and post-Godhra riots of 2002. The state government withdrew the protection granted to him after he deposed. Thereafter, charges were framed against him.
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