Why ex-IPS officer not allowed to approach court: SC

The Supreme Court on Monday said that it is serious issue if a person is not allowed to approach the top court in a criminal matter.

The top court issued a notice to the Gujarat government on a plea filed by the wife of dismissed IPS officer Sanjiv Bhatt, that he was not being allowed to sign 'Vakalatnama' forcing her to file the petition. She challenged the order passed by the Gujarat High Court sending him to judicial custody in a case related to the alleged false implication of a lawyer in a narcotics case.

“We would like to know what is going on. Respond to it. You file an affidavit,” a bench of Justices Ranjan Gogoi and Navin Sinha asked senior advocate Mukul Rohatgi, representing the Gujarat government.

“If a citizen is saying, her husband is not allowed to approach the court, it is a serious issue. Individual here does not matter,” the bench added.

The court put the matter for consideration on October 4, saying the allegations that he was not allowed to sign 'vakalatnama' made by his wife Shweta Bhatt against the state was of “great and substantial importance”.

“Normally, in criminal matters, the accused should file the petition. This petition has been the wife of the accused. This is something very serious. It is to be sorted out first,” a bench of Justices Ranjan Gogoi and Navin Sinha said.

After inquiring the counsel if the accused is in custody, the bench said the allegations have been made by without supporting evidence or an affidavit.

On this, the counsel pointed out the affidavit has been filed.

“Before we go into the merits of the case we would like the state of Gujarat to respond to the allegations,” the bench said.

Bhatt, a known critic of Prime Minister Narendra Modi, was arrested by the CID, Gujarat police on September 5 in a 1996 case pertaining to the framing of a Rajasthan-based advocate, Sumersingh Rajpurohit in the narcotics peddling case, when he was serving as superintendent of police, Banaskantha district.