Custodial death case: SC dismisses plea by Sanjiv Bhatt

The Supreme Court on Wednesday dismissed a plea by sacked IPS officer Sanjiv Bhatt against a Gujarat High Court order, which had rejected his request to summon certain additional witnesses for examination during the trial in a three-decade-old custodial death case.

A bench of Justices Indira Banerjee and Ajay Rastogi found merit in the contention of senior advocate Maninder Singh, appearing for the Gujarat government that the trial had already been concluded after production of all witnesses and the court had reserved judgment for June 20.

The court declined to entertain the matter, saying a similar plea was already rejected by a three-judge bench last month.

Singh contended that the fresh plea by Bhatt was purely delayed tactic. He also cited May 9 order of a three-judge bench refusing to interfere with the high court's order of March 7 in this regard.

“For, 30 years the trial dragged on, for years summons were not served. The judgement by the trial court was reserved just yesterday. He did not examine those witnesses. He does not annexe the order of high court's order. See his conduct,” the state government counsel said.

Senior advocate Salman Khursheed, appearing for Bhatt, claimed that the delay was due to the state. He said the witnesses were important to be called for the fair trial.

Senior advocate Aishwarya Bhati, appearing for the complainants, submitted that the petitioner had not made her clients as respondents though the high court had passed orders on their plea.

Bhatt is an accused in the 1989 custodial death case when he was posted as the additional superintendent of police in Gujarat's Jamnagar.

According to the prosecution, Bhatt had detained more than hundred persons during a communal riot there and one of the detainees had died in hospital after he was released.

Bhatt, a known critic of Prime Minister Narendra Modi, was suspended in 2011 on charges of remaining absent from duty without permission and misuse of official vehicles and was subsequently sacked in August 2015.