SC rejects ex-IPS officer Sanjiv Bhatt’s plea for suspension of life sentence; no bail too

The Supreme Court Tuesday dismissed a plea by former IPS officer Sanjiv Bhatt, undergoing life imprisonment in connection with a 1990 custodial death case, for bail and the suspension of his sentence. While denying him the relief, a bench of Justices Vikram Nath and Sandeep Mehta also directed that the hearing of his appeal be expedited.

“We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein above are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused. The prayers sought by the appellant, Sanjiv Kumar Bhatt, for the grant of bail are dismissed. Hearing of the appeal is directed to be expedited,” Justice Mehta said while reading out the order.

The case dates back to 1990 when Bhatt was posted as the additional superintendent of police in Gujarat’s Jamnagar. He had detained around 133 people under the stringent Terrorist and Disruptive Activities (Prevention) (TADA) Act during a communal riot in Jamjodhpur town.

On November 18, 1990, one of those detained, Prabhudas Vaishnani, died in a hospital after he was released, allegedly due to torture while he was in custody. A complaint of custodial death was registered against seven policemen, including Bhatt, by Amrutlal Vaishnani, the brother of the deceased, following which the investigation was transferred to the state Criminal Investigation Department (CID) branch in Gandhinagar.

In 1995, the CID investigating officer requested sanction from the government to prosecute Bhatt as is required for the prosecution of a government officer when on duty. However, the government did not grant the sanction. After that, CID filed a summary report, which is a closure report, in the court. However, the court rejected this report in December 1995 and instead took cognisance of offences alleged against Bhatt and six others.

An A-summary report was filed in this case in 1995 after the Gujarat Government refused to grant sanction for prosecuting Bhatt. However, after Bhatt’s deposition in relation to the 2002 communal riots before the Nanavati and the Mehta commissions between May and July 2011, the state government withdrew protection granted to him, and the Jamnagar court began framing charges soon after.

A Jamnagar sessions court sentenced Bhatt to life imprisonment in June 2019. This was subsequently upheld by a Division Bench of the Gujarat High Court.