The Supreme Court on Tuesday dismissed the plea of former IPS officer Sanjiv Bhatt, who sought bail and suspension of his sentence in a 1990 custodial death case for which he was sentenced to life imprisonment.
Bhatt, a whistleblower, testified against Prime Minister Narendra Modi for his involvement in the 2002 Gujarat genocide.
A bench comprising Justices Vikram Nath and Sandeep Mehta said there was no merit in his plea for bail or suspension of sentence in the case.
“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 court added, “We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made hereinabove are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused.”
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) Act (TADA) during a communal riot in Jamjodhpur town.
On November 18, 1990, Prabhudas Vaishnani, one of the detainees, died in a hospital shortly after his release.
Following his death, Amrutlal Vaishnani, the victim’s brother, lodged a complaint of custodial death against seven policemen, including Sanjiv Bhatt.
The case was subsequently transferred to the Criminal Investigation Department (CID) in Gandhinagar for investigation.
In 1995, when the CID sought the state government’s sanction to prosecute Bhatt—as mandated for government officials accused of offences committed in the line of duty—the government denied the request, prompting the CID to file an A-summary report.
However, in December 1995, the court rejected the report and instead took cognisance of the charges against Bhatt and six others.
After Bhatt deposed before the Nanavati and Mehta Commissions between May and July 2011 regarding the 2002 Muslim genocide, the Gujarat government withdrew the protection it had previously extended to him. Soon after, the Jamnagar court began framing charges against him.
Bhatt had several run-ins with the BJP government in the past over the 2002 post-Godhra genocide. The Indian Police Service officer had alleged that Narendra Modi, then Chief Minister of Gujarat, was complicit in the riots of 2002.
