Sanjiv Bhatt Moves Supreme Court Challenging Gujarat HC Order Setting Timeline For Trial In Drug Planting Case

The petition argues that the order does not comply with the principles of natural justice and was passed without hearing Bhatt. It also submits that about 44 witnesses are yet to be examined. It argues that, considering that till date only 16 witnesses have been examined, it would not be possible to adhere to the timeline stipulated by the High Court. The petition emphasises that in order to conduct a free and fair trial as envisaged in Article 21 of the Constitution of India, all witnesses and documents need to be examined without any rush.

Justice Gavai was displeased that Bhatt had approached the Apex Court at the slightest inconvenience. He remarked, “What is your grievance? Tomorrow even adjournments you will go on challenging before this court?”

The Counsel appearing for Bhatt informed the Bench that he was led by Senior Counsel, who is on his legs before another Bench of the Apex Court. Moreover, considering the request of the Senior Counsel, representing the original complainant, who has filed an impleadment application in the present proceedings, the Bench stood over the matter to Monday (20th Feb, 2023).

Background

Bhatt was a superintendent of police in Banaskantha district in 1996. The district police under Bhatt had arrested one Sumersingh Rajpurohit, a Rajasthan-based lawyer, in 1996, claiming that they had seized drugs from a hotel room in Palanpur town where the latter was staying. However, the Rajasthan police later said Rajpurohit was falsely implicated by the Banaskantha police to compel him to transfer a disputed property located at Pali in Rajasthan. Former police inspector IB Vyas moved the Gujarat High Court in 1999 demanding a thorough inquiry into the matter. In June, 2018 the high court handed over the probe to the state CID, and Bhatt was arrested in September, 2018. Thereafter, chargesheet was submitted against Vyas and Bhatt under Sections 120B, 116, 119, 167, 204, 343 of the IPC and Section 17, 18, 29 and 58(2) and 59(2)(b) of the NDPS Act. In 2021, Bhatt had filed an application for obtaining documents which was rejected by the Gujarat High Court. Bhat filed a revision petition challenging the same. The High Court partly allowed the petition directing the trial court to conclude the trial within 9 months. On 10.06.2022, the High Court extended the period granted for conclusion of the trial at the request of the Special NDPS Judge and the Additional Sessions Judge. On 06.01.2023, the Additional Sessions Judge again sought an extension of 6 months. The High Court acceded to the request, but asked the Additional Sessions Judge to complete the trial by 31.03.2023.

In April 2011, Bhatt had filed an affidavit in the Supreme Court accusing the then Chief Minister Narendra Modi of complicity in the 2002 riots. He claimed to have attended a meeting convened by the then CM, Mr. Modi, on February 27, 2002, the day of the communal riots, when instructions were allegedly given to the State Police to not take any action against the perpetrators of violence.

The Court appointed SIT however gave clean chit to Modi. In 2015, Bhatt was removed from the police service, on the ground of "unauthorised absence".

In October 2015, the Supreme Court dismissed Bhatt's plea for constituting a special investigation team (SIT) for cases filed against him by Gujarat Government.

He is at present serving life imprisonment in a custodial death case of 1990, after his conviction in July 2019.

[Case Title: Sanjiv Kumar Rajendrabhai Bhatt v. State of Gujarat SLP(Crl) No. 2023/2023]