HC stays trial against Sanjiv Bhatt in custodial torture case


Ahmedabad. April  23, 2013

The Gujarat High Court today temporarily stayed the trial against suspended IPS officer Sanjiv Bhatt in a 16-year-old case of custodial torture in Porbandar.

Justice S R Brahmabhatt ordered stay till further orders and fixed the hearing in the first week of May.

Bhatt, who was posted as SP in Porbandar in 1997, and constable Vajubhai Chau, are facing a trial for alleged custodial torture of a history-sheeter called Naran Sudha Jadav.

Jadav was arrested by Inspector M J Parmar while investigating a case of smuggling of weapons and RDX from Pakistan, and taken to Porbandar from Sabarmati Central jail in Ahmedabad in July 1997.

Jadav later filed a complaint before the judicial magistrate in Porbandar, accusing Bhatt and Chau of custodial torture.

Last year, Bhatt had filed an application before the magistrate, seeking case diaries of the investigation officer.

The magistrate, in September, rejected Bhatt’s application, against which he went to the high court.

Bhatt has been in news in the recent past for making allegations against Gujarat Chief Minister Narendra Modi regarding handling of the 2002 riots.

 

Gujarat HC issues notice to state over Sanjiv Bhatt’s plea


Sanjiv Bhatt
Saeed Khan, TNN | Apr 6, 2013, 01.49 PM IST

Sanjiv Bhatt, who was posted as SP in Porbandar then, along with a constable Vajubhai Chau is being tried for the custodial a known historysheeter Naran Sudha Jadav.

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AHMEDABAD: Gujarat high court has issued notice to the state government on a plea filed by suspended IPS officer Sanjiv Bhatt, who has sought permission to place a case diary of the RDX landing case to defend himself in a custodial torture case in Porbandar.

Bhatt, who was posted as SP in Porbandar then, along with a constable Vajubhai Chau is being tried for the custodial a known historysheeter Naran Sudha Jadav. The inmate was taken to Porbandar from Sabarmati central jail in Ahmedabad in 1998 in connection with investigation of a Tada case related to the RDX landing. Jadav later filed a complaint accusing Bhatt and Chau of custodial torture.

A case in this regard began in Porbandar’s magisterial court. Last year, the high court vacated a stay from the trial. As the trial began, Bhatt argued that all three witnesses in the trial were prisoners and the investigating officer should be made an independent witness and his case diary should be placed before the court as evidence in his defence.

The Porbandar court rejected Bhatt’s application, and this led him to move the HC. During a proceeding, Justice S R Brahmbhatt questioned whether the state government was interested in the case against the suspended IPS officer. Bhatt has alleged that in order to fix him, the state government has been defending Jadav, who is a security suspect and has been implicated in various serious offences of murder, waging war against the nation and a Tada case.

The court has sought the state government’s reply by Monday, when further hearing is scheduled.

Bhatt is also facing trial in a custodial torture case in Jamnagar district.

Bhatt implicated chief minister Narendra Modi in the 2002 riots by giving a statement before the special investigation team (SIT) and b

 

Suspended IPS officer Sanjiv Bhatt moves HC in custodial torture case


Sanjiv Bhatt
TNN | Apr 5, 2013, 03.23 AM IST

AHMEDABAD: Suspended IPS officer SanjivBhatt has moved Gujarat high court seeking permission to place as evidence the case diary of a terrorism-related case to defend himself in a custodial torture case in Porbandar.

Bhatt, along with a constable, Vajubhai Chau, is being tried for the custodial torture of a known history-sheeter Naran Sudha, who was taken to Porbandar from Sabarmati Central Jail in 1998 in connection with investigations of a Tada case. Bhatt was posted as superintendent of police in Porbandar then.

Three accused persons in the Tada case were witnesses in this case. During the trial, Bhatt submitted before the trial court that the case diary of the investigating officer of the Tada offence should be placed and the IO should be made an independent witness in this case. The lower court rejected Bhatt’s request, stating that the case diary is for the perusal for the court and IO only; and an accused cannot access it.

Bhatt questioned this decision of the lower court through advocate I H Syed, who contended that the case diary belonged to another offence, in which the suspended IPS is not an accused. Since both offences were separate, the case diary could be placed so that Bhatt could highlight contradictions.

Bhatt was booked under sections 330 and 324 of the IPC, on allegations that he tortured the accused with electric shocks in order to extract a confession in the Tada case. His counsel Syed said that Jadav has been booked for 24 offences like murder, arms act violations, Tada, RDX landings and for waging war against the nation.

“He is a security suspect in the Union war book. Still, the state government is trying to persecute its own officer and defend the history-sheeter, although this is a private complaint,” the lawyer said.

This case will continue on Friday before Justice S R Brahmbhatt.

Bhatt also faces trial in an alleged police atrocity case in Jamnagar. One person had died in this case in 1990. The trial against Bhatt began after the state government withdrew its protection after the cop implicated chief minister Narendra Modi in the 2002 riots.

 

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