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Supreme Court Issues Notice On Ex-IPS Officer Sanjiv Bhatt's Appeal Challenging Conviction & Life Term In Custodial Death Case
Gyanvi Khanna
27 Aug 2024 6:07 AM GMT
The Supreme Court today (on August 27) issued notice to the State of Gujarat on former Indian Police Service officer Sanjiv Bhatt's plea challenging the Gujarat High Court's order dismissing his challenge against the conviction and life imprisonment sentence imposed by the Jamnagar Court. The conviction was in connection with an alleged case of custodial torture and death in the year...
The Supreme Court today (on August 27) issued notice to the State of Gujarat on former Indian Police Service officer Sanjiv Bhatt's plea challenging the Gujarat High Court's order dismissing his challenge against the conviction and life imprisonment sentence imposed by the Jamnagar Court. The conviction was in connection with an alleged case of custodial torture and death in the year 1990.
The Bench of Justices Vikram Nath and Prasanna Bhalachandra Varale while issuing notice, also tagged the present petition along with the other pending pleas pending before the Top Court.
Senior Advocates Kapil Sibal and Devdatt Kamat, appearing for Bhatt, stressed that this matter needs a hearing and agreed on the Court's proposition that the matter can be tagged with other pending matters before it. In view of this, the above order was passed and notice was made returnable within four weeks.
Advocates Rajesh G. Inamdar and Shashwat Anand also appeared for Bhatt.
The incident relates to the death of one Prabhudas Madhavji Vaishnani in November 1990, which was allegedly due to custodial torture. At the time, Bhatt was the Assistant Superintendent of Police Jamnagar, who, along with other officers, took into custody about 133 persons, including Vaishnani, for rioting during a Bharat Bandh.
Vaishnani, who was kept in custody for nine days, died ten days after release on bail. As per medical records, the cause of death was renal failure. Following his death, an FIR was registered against Bhatt and a few other officers over the allegations of custodial torture. Cognizance of the case was taken by the Magistrate in 1995. However, the trial remained stayed till 2011 due to a stay by the Gujarat High Court. Later the stay was vacated and trial commenced.
In June 2019, a Sessions Court in the State's Jamnagar district sentenced Bhatt and a police constable (Pravinsinh Zala) to life imprisonment in the case after convicting them under sections 302 (murder), 323 (punishment for voluntarily causing hurt) and 506 (1) (punishment for offence of criminal intimidation) of IPC.
Apart from them, police constables Pravinsinh Jadeja, Anopsinh Jethva and Kesubha Dolubha Jadeja and police sub-inspectors Shailesh Pandya and Dipakkumar Bhagwandas Shah were also found guilty of custodial torture and were convicted under Sections 323 and 506 (1) of IPC.
Challenging their conviction, Zala, Bhatt, Shah and Pandya moved the HC in 2019.
Dismissing their criminal appeal, a bench of Justice Ashutosh Shastri and Justice Sandeep N. Bhatt observed that the reasoning given by the Jamnagar Court was correct and hence, there was no reason to interfere with the order of conviction.
“In view of the aforesaid discussion we are of the view that submissions canvassed by the Ld. Counsels of appellants / convicts are misconceived. Hence, we are of the view that Trial Court has not committed any error in passing of the impugned judgment and therefore, no interference is required in the present appeals. We are of the view that prosecution has proved case against respective accused / convicts and hence, no interference is required in the impugned judgment and order passed by the Ld. Trail Court.,” the High Court held in the judgment delivered in January 2024.
In March 2024, a trial court in Gujarat sentenced Bhatt to life imprisonment in a 1996 case over drug-planting.
Case Details: SANJIV KUMAR RAJENDRABHAI BHATT vs. THE STATE OF GUJARAT., Diary No. - 14516/2024
