Former IPS, behind bars for nearly two years, moves HC for physical hearing

Former IPS officer Sanjiv Bhatt, languishing in jail for nearly two years, has moved Gujarat High Court seeking direction to be issued to the trial court for taking up proceedings in connection with the 1996 Palanpur drug haul case only after resumption of physical court.

The courts are taking up the matter through video conferencing for nearly four months in view of coronavirus pandemic.

The Gujarat government, on the other hand, has opposed the petition claiming that by filing such a petition the ex-officer was trying to delay the trial based on which he would seek bail.

In the hearing held on August 19, Bhatt's lawyer assured the high court that he wouldn't move bail plea on such ground and would give an undertaking in writing in this regard. The court of justice Vipul Pancholi adjourned the next hearing till August 26.

"Advocate Saurin A. Shah for the applicant submitted that as the applicant is in Jail, it cannot be said that the applicant is having any intention to delay the trial by submitting applications before the concerned trial court. Advocate Shah, under the instructions of the applicant – accused and his wife submitted that the applicant will not file any application for enlarging him on regular bail on the ground of delay in the trial. The applicant – accused is ready and willing to file an undertaking to that effect before this court," the order passed by justice Pancholi on August 19 stated.

Bhatt, lodged at Palanpur jail, has said in his plea that it was not possible to argue his cases through video conference due to lengthy and voluminous case records. Bhatt moved the high court after his plea was rejected by the trial court where several miscellaneous applications are pending. Some of these applications are related to arraigning policemen, who were part of the alleged offence, as accused under section 319 of code of criminal procedure, challenging an application moved by co-accused, I B Vyas, to turn approver, among others.

In this case, Bhatt is alleged to have framed a lawyer Sumer Singh Rajpurohit, a resident of Pali, Rajasthan, in a narcotics case to get a property vacated in Pali. This property belonged to a relative of R R Jain who was then sitting judge of Gujarat High Court. Bhatt was then Superintendent of Police of Banaskantha district which shares its border with Pali district. The CID (crime), which probed the case following the High Court order, has alleged Bhatt as one of the key conspirators, who allegedly spent Rs20,000 to buy opium which was planted in a hotel room in Palanpur.