Hear Sanjiv Bhatt before framing charges, Guj HC tells lower court

In a major relief to suspended IPS officer Sanjiv Bhatt in the custodial death case of Jamjodhpur in Jamnagar district, justice AS Dave of Gujarat High Court has asked the lower court to hear him before taking any criminal action in the case. The HC also asked the lower court to conclude the hearing within six weeks.

Bhatt had filed an appeal before the high court challenging Jamjodhpur court’s order which did not permit him to file a revision application. The lower court also didn’t give him an opportunity for hearing him prior to framing charges against him in the 22-year-old murder case of Prabhudas Vaishnani. Now with the high court order, Bhatt will file a revision plea and argue in his defence.

“The magisterial court had initiated criminal proceedings against Bhatt in 1995 by not accepting a closure report filed by the local police in the case against Bhatt and other policemen. Thereafter, the government had supported Bhatt by not giving sanctions to prosecute him and challenged the lower court order before the sessions court,” said IH Syed, counsel for Bhatt.

“The revision plea was pending for almost 15 years and all of a sudden, the government withdrew it last year. As Bhatt lost government protection, he immediately moved a revision plea to defend himself from any criminal prosecution. However, that plea was also rejected by the lower court,” said Syed.

“By challenging the lower court order in the high court, we submitted in the court that once the government had not given sanctions to prosecute any government officials, the court cannot initiate criminal action against the officer. Moreover, the government itself had admitted that Prabhudas died a natural death and not because of alleged police atrocities,” the counsel said. “Now, the high court has cleared our way by directing lower court to hear the officer first prior to taking any action,” added Syed.

While delivering the order, Justice Dave also accepted the arguments tendered by the counsel that Bhatt had not sought any protection as its master, the government, was in his support.