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SC seeks Gujarat govt’s response on plea by Sanjiv Bhatt
Suspended Indian Police Service (IPS) officer Sanjiv Bhatt has sought the recusal of a judge hearing his appeal in the 1990 custodial death case
The Supreme Court on Friday asked the Gujarat government to respond to an application filed by suspended Indian Police Service (IPS) officer Sanjiv Bhatt seeking the recusal of a judge hearing his appeal in the 1990 custodial death case.
Bhatt, who was convicted and sentenced to life by a Jamnagar court in June 2019, had filed an appeal in the top court challenging an August 24 order of the Gujarat high court refusing him permission to examine a Hyderabad-based witness as part of his appeal challenging his conviction.
As the appeal came up for hearing before a bench of justices MR Shah and MM Sundresh, senior advocate Devadutt Kamat sought the refusal of justice Shah as his client had moved an application two days ago bringing on record certain orders passed by the judge in the same matter while he was in the Gujarat high court.
Kamat said that as a law officer he had to espouse the concerns of his client who stated in the application, “Since the present SLP is also arising out of the same FIR, the petitioner verily apprehends that the ends of justice will not meet if the present special leave petition (SLP) is being heard by the same judge.” The application filed by advocate Aljo K Joseph reproduced the HC orders of December 2011 relating to the custodial death case passed by justice Shah and said, “In the circumstance, it is most humbly prayed that this court may be pleased to consider recusing from hearing the present special leave petition.”
The bench told Kamat, “That order has nothing to do with this controversy. We might have dealt with so many matters while in the high court.”
Opposing the application, senior advocate Maninder Singh appearing for Gujarat said, “I object to such a letter alleging bias. In any such allegation is to be raised, it must be made on the very first occasion. He took no such objection on an earlier occasion.”
Singh was referring to an order passed on August 3 when Bhatt had withdrawn a plea before a bench headed by justice Shah to suspend his sentence in the over three-decade old case.
The bench agreed to seek Gujarat’s response on the application and posted the matter for hearing on December 6. Kamat objected to the state’s interference as recusal is between the petitioner and the court.
Bhatt was the assistant superintendent of police at Jamnagar in 1990 when an incident of rioting took place. Police acted against the miscreants and rounded off 133 persons from the place of offence including one Prabhudas Madhavji Vaishnani. On being taken to jail, Vaishnani complained to the jail authorities on November 1, 1990 of severe back pain. He later died in the hospital 17 days later. His brother alleged that Vaishnani died due to custodial torture by policemen.
After nearly three decades, on June 20, 2019, a sessions court in Jamnagar convicted Bhatt. He has since filed multiple proceedings in the high court and Supreme Court to reverse his conviction in the case. Bhatt is a 1998 batch IPS officer of Gujarat cadre who was sacked in 2015 for “unauthorised absence.”
