Digital News Guru National Desk:
The Supreme Court of India has dismissed the bail plea of former Indian Police Service (IPS) officer Sanjiv Bhatt, who is serving a life sentence in connection with a 1990 custodial death case. The decision was rendered by a bench comprising Justices Vikram Nath and Sandeep Mehta, who found no merit in Bhatt’s request for bail or suspension of his sentence.
Background of the Case
The case dates back to October 30, 1990, when Bhatt, then serving as the Additional Superintendent of Police in Gujarat’s Jamnagar district, detained approximately 150 individuals during a communal riot in Jamjodhpur town. The unrest followed a ‘bandh’ called in protest against the halting of BJP leader L.K. Advani’s ‘Rath Yatra’ aimed at promoting the construction of a Ram temple in Ayodhya.
Among those detained was Prabhudas Vaishnani, who died in a hospital 18 days after his release from custody. His brother filed a complaint alleging that Vaishnani had been subjected to custodial torture, leading to his death. Subsequently, a case was registered against Bhatt and six other policemen.
Legal Proceedings
In June 2019, a Jamnagar sessions court convicted Bhatt and sentenced him to life imprisonment for his role in the custodial death. The Gujarat High Court upheld this conviction in January 2024, affirming the life sentence under Sections 302 (murder), 323 (voluntarily causing hurt), and 506 (criminal intimidation) of the Indian Penal Code. The High Court also dismissed the state’s appeal to enhance the sentences of five other accused, who were acquitted of murder charges but convicted under lesser sections.
Bhatt challenged the High Court’s decision in the Supreme Court, seeking bail and suspension of his sentence pending the appeal. However, the apex court found no merit in his plea and directed that the hearing of his appeal be expedited.
Supreme Court’s Observations
While pronouncing the order, Justice Mehta stated, “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.”
Sanjiv Bhatt’s Defense
Bhatt argued that there was no medical evidence directly linking the alleged custodial assault to Vaishnani’s death. He also contended that he had been incarcerated since his arrest in September 2018 without being granted bail or parole. Despite these arguments, the Supreme Court dismissed his plea, emphasizing that the observations made were limited to the bail proceedings and would not affect the merits of the pending appeal.
Other Legal Challenges
Apart from the custodial death case, Bhatt faces other legal challenges. In March 2024, he was convicted by a Palanpur sessions court in a 1996 drug planting case, where he was accused of falsely implicating a lawyer by planting drugs in his possession. He is also an accused in a case related to the alleged fabrication of evidence concerning the 2002 Gujarat riots, alongside activist Teesta Setalvad and former Gujarat Director General of Police R.B. Sreekumar.
Conclusion
The Supreme Court’s decision to deny bail to Sanjiv Bhatt underscores the judiciary’s stance on custodial deaths and the importance of accountability within law enforcement agencies.
As Bhatt’s appeal against his conviction and life sentence is set to be heard expeditiously, the case continues to draw attention to issues of police conduct and human rights in India. Bhatt remains incarcerated and is also facing charges in a separate 1996 drug planting case. Additionally, he is under investigation for allegedly fabricating evidence related to the 2002 Gujarat riots.
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