Ex-IPS officer Sanjiv Bhatt acquitted in 27-year-old custodial torture case by Gujarat court

Sanjiv Bhatt was booked under Indian Penal Code sections relating to causing grievous hurt to obtain confession and other provisions.

Former Indian Police Service (IPS) officer Sanjiv Bhatt has been acquitted in a 27-year-old custodial torture case (1997) as the prosecution could not "prove the case beyond reasonable doubt", PTI reported.

Ex-IPS officer Sanjiv Bhatt is currently serving time in the Rajkot Central Jail in a 1990 custodial death case.

Additional chief judicial magistrate Mukesh Pandya of a Porbandar court in Gujarat acquitted Bhatt by giving him the benefit of the doubt due to lack of evidence.

The then superintendent of police (SP) of Porbandar was booked under Indian Penal Code sections relating to causing grievous hurt to obtain confession and other provisions.

‘Prosecution order for Bhatt not obtained'

Earlier, Bhatt was sentenced to life imprisonment in a 1990 custodial death case in Jamnagar and 20 years in jail for a 1996 case of framing a Rajasthan-based lawyer in Palanpur. The ex-cop is currently serving time in the Rajkot Central Jail.

The court observed that the prosecution could not "prove the case beyond reasonable doubt" that the complainant was forced to confess and surrender by voluntarily causing pain using threats and dangerous weapons.

Additionally, the sanction needed to prosecute Bhatt, an on-duty public servant at the time, had not been obtained in the case, the court noted.

Bhatt and constable Vajubhai Chau were charged with IPC sections 330 (causing hurt to extort confession) and 324 (causing hurt with dangerous weapons) on the basis of a complaint filed by Naran Jadav.

Jadav said that two caused him physical and mental torture in police custody to get him to confess in a Terrorist and Disruptive Activities (Prevention) Act (TADA) and Arms Act case.

Reportedly, Jadav was one of the 22 accused in the 1994 arms landing case. The prosecution had said that Jadav was taken from Ahmedabad's Sabarmati Jail to Bhatt's residence by a team of Porbandar police in July 1997 on a transfer warrant.

There, he was given electric shocks across his body, including his private parts, they said, adding that Jadav's son was also given current shocks.

The complainant then apprised the judicial magistrate about the torture, following which an inquiry was ordered into the matter. Based on evidence from the probe, the court registered a case on December 31, 1998, issuing summons to both Bhatt and Chau.

Years later, on April 15, 2013, the court ordered the police to register an FIR against Bhatt and Chau.

While the ex-IPS officer has been serving his life sentence in a 1990 custodial death case, a Palanpur court sentenced him to 20 years in jail in March 2024 in connection with a 1996 case.

Bhatt was accused of planting drugs to frame a Rajasthan-based lawyer in this case. Additionally, the former police officer is also an accused in a case of alleged fabrication of evidence in the 2002 Gujarat riots case along with activist Teesta Setalvad and former Gujarat director general of police RB Sreekumar.

The Gujarat government had removed Bhatt from the police service over unauthorized absence.

Bhatt then moved the Supreme Court challenging the Gujarat High Court's January 9, 2024, order dismissing his plea.

The High Court had upheld his and co-accused Pravinsinh Zala's conviction under IPC Sections 302 (murder), 323 (voluntarily causing hurt) and 506 (criminal intimidation) by the Jamnagar sessions court in June 20, 2019.

In October 1990, Bhatt had also detained around 150 people after a communal riot in Jamjodhpur town following a 'bandh' call against the halting of BJP leader LK Advani's 'rath yatra' for the construction of Ayodhya's Ram temple.

One of the detainees, Prabhudas Vaishnani, died in hospital shortly after release.

Later, Bhatt again made headlines for filing an affidavit in the top court alleging the then chief minister Narendra Modi's role in the 2002 Gujarat riots. However, these allegations were debunked by a special investigation team (SIT).

Bhatt was suspended from service in 2011 and dismissed by the Ministry of Home Affairs in August 2015 for "unauthorized absence".

(with PTI inputs)