Gujarat HC Rejects Ex-IPS Sanjiv Bhatt's Plea For Recalling SIT Probe [Read Order]

While dismissing Bhatt's petition, Justice JB Pardiwala said,

"This application is nothing but one more attempt on the part of the applicant to create unnecessary hindrances and obstructions in the conduct of the trial proceedings...and thereby, thwart the due process of law."

Bhatt had moved the court alleging that some important facts were "suppressed or deliberately not brought to the notice of the court by the state". He submitted that the court was not informed that an 'A' summary report had been filed in the matter else the court would not have directed an SIT probe.

An 'A' summary report is filed when an offence is committed, but the offenders are not known.

Rejecting Bhatt's arguments, the court said,

"There was no suppression worth the name of any material fact… The filing of the 'A' summary report or any other report can hardly be a ground to preclude this Court from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India, if the occasion demands in the interest of justice. It is too much on the part of the applicant to say that as the investigation was completed and an 'A' summary report was filed, this Court ought not to have entertained the two writ-applications and pass an order for the constitution of a Special Investigation Team."

He had also asserted that the SIT was not conducting a fair investigation and that on the date of his arrest, there was no cogent or convincing materials to connect him with the alleged crime. He further argued that the investigation had already been conducted by the Rajasthan Police and as such, the court ought not to have appointed an SIT.

Notwithstanding these arguments, the high court observed that the charge-sheet was already on record and that guilt or the innocence of the accused persons will be determined by the trial court on conclusion of the trial.

Bhatt is now serving sentence in a 1990 custodial death case.

Case Details:
Case Title: Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt  v. State Of Rajasthan
Case No.: Crl. Misc. (Recall) No. 1/2020
Quorum: Justice JB Pardiwala
Appearance: Advocate Saurin A Shah (for Petitioner); Public  Prosecutor Mitesh Amin with Assistant Public Prosecutor  Chintan Dave

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