In yet another example of how a vindictive regime may have possibly abused its power to target a police officer who had tried to expose their divisive agenda, it turns out that the entire case of custodial torture against former police officer Sanjeev Bhatt may have been hollow from the very beginning, as the complainant in the matter has now filed an application to withdraw the case… 30 years after the incident, and that too after Bhatt was convicted and jailed for it!
On Tuesday, March 29, Mahesh Chitroda, the complainant, informed the Gujarat High Court that he wanted to withdraw the complaint. Justice Nikhil Kariel had been hearing the quashing petition for a week, and according to the Times of India, reportedly said, “Let something come on record. We have invested so much time in this matter. So much constructive work could have been done. Since there is a flip-flop in this case, let us wait for an affidavit to be filed.”
Brief background of the case
The case dates back to 1990 when Bhatt was posted as the Assistant Superintendent of Police in Jamnagar. At the time Bhatt and his team took 133 people into custody for rioting during a Bharat Bandh on October 30, 1990. The detainees included a man named Prabhudas Madhavji Vaishnani who was kept in custody at the Jamkhambaliya police station for nine days. Ten days after being released on bail, Vaishnani died.
The cause of death was given as renal failure. But Vaishnani’s brother alleged custodial torture leading to an FIR being filed in the case. The complaints of custodial torture were filed by Mahesh Chitroda, Rajivbhai Harjibahi and Chetan Jani. After this summons were issued against Bhatt and other police officers in 1992.
A Magistrate took cognisance in 1995, but trial was stayed by the Gujarat High Court. In 1996, Pravin Zala, a police officer moved Gujarat High Court to quash the summons and the complaint. Bhatt also approached the Gujarat HC seeking similar relief in 1999. The trial remained stayed till 2011 after which the stay was vacated and the trial commenced. It is noteworthy that Bhatt had demanded that additional witnesses be examined in the case. Of the 300 witnesses listed, only 32 were examined. Bhatt had filed an application under Section 311 of the CrPC, but the Magistrate dismissed it. Bhatt challenged it in the High Court which permitted the examination of three investigating officers.
On June 20, 2019, the Jamnagar Sessions Court found Bhatt guilty and sentenced him to life imprisonment. Even today, Bhatt remains behind bars. It is noteworthy, that at the time of his conviction in the custodial death case, Bhatt was already in custody after being implicated in a 1996 drug planting case in which his bail was also denied around that time.
Shortly after his conviction, Bhatt’s wife Shweta released a statement and Bhatt’s court submissions to the media via the former cop’s Facebook account. The statement says, “At no point in time were any of the arrested 133 persons including the deceased and his brother were in custody of Shri Sanjiv Bhatt or any of his staff. None of the arrested 133 persons including the deceased and his brother were interrogated by Shri Sanjiv Bhatt or any of his staff.” The statement further reads, “30th October 1990, the day of the communal violence and the subsequent arrest of Prabhudas Madhavji Vaishnani, was only the 20th day of Shri Sanjiv Bhatt’s posting in Jamnagar. He did not know any of the persons arrested, let alone have a grudge against anyone.”
Interestingly, the Gujarat High Court had previously quashed the complaints filed by Rajivbhai Harjibahi and Chetan Jani.
Latest developments
The Gujarat High Court It has now been hearing a quashing petition with respect to the complaint by Mahesh Chitroda. Advocate Somnath Vats had been appearing for Sanjiv Bhatt. TOI reported that on Tuesday, advocate VH Patel informed the Gujarat HC about the complainant’s desire to withdraw the complaint from the lower court. To this, Public Prosecutor Mitesh Amin reportedly said that the State had no objection if that is what the complainant wanted.
But, according to a high court advocate, “It can never happen that a complaint in 302 (murder case) case is quashed after conviction and after bail application of accused has been rejected by division bench of the high court. Only if state government consents, e court may consider the matter.”
The court has now ordered has ordered the complainant to file an affidavit to this effect and the matter has now been posted for March 31, 2022.
Why is Sanjiv Bhatt being targeted?
On April 14, 2011, Bhatt filed an affidavit in the Supreme Court stating that he was present at a high-level meeting on the night of February 27, 2002. The meeting was reportedly convened by Narendra Modi, who was the Chief Minister of Gujarat at the time, and top police officials including then Director General of Police K Chakravarthi were present. Bhatt claimed that at this meeting Modi allegedly instructed top police officials to allow Hindu mobs to vent their anger on Muslims in wake of the Godhra train burning incident. He also claimed that Modi paid no heed to concerns about allowing the bodies of the victims to be carried in processions lest it led to fanning of communal flames.
At the time Bhatt was serving as the Deputy Commissioner of Intelligence in the State Intelligence Bureau. Bhatt claims he was asked to attend the meeting by the state Control Room and surmised it was because his immediate superior GC Raigar, who was the Additional Director General of Police (Intelligence) was on leave that day.
Bhatt had also accused the Supreme Court appointed Special Investigative Team (SIT), formed to probe the communal carnage, of covering up a larger conspiracy.
Interestingly, even the statement released by Shweta Bhatt points to political vendetta saying, “The complaint of custodial torture was made by Amrutlal Madjavji Vaishnani who also happens to be an active member of the VHP/BJP after the demise of the Mr. Prabhudas Madhavji Vaishnani.” It also adds, “The complaint filed against Shri Sanjiv Bhatt is a classic case of political vindictiveness, as the then Chief Minister of Gujarat Mr. Chimanbhai Patel was to face a vote of confidence in the Gujarat Assembly on 1st November 1990 and was very keen to ensure the support of Patel MLAs from the BJP as well as the INC. Shri Sanjiv Bhatt’s refusal to remove the sections of TADA from an offence where majority of the arrested persons were from the Patel community was seen as a personal affront to the then Home Minister Narhari Amin and the then Chief Minister Chimanbhai Patel, both of whom happened to belong to the Patel community.”
The statement goes on to say, “Shri Sanjiv Bhatt’s superiors in the Police Department as well as the Home Department were fully aware that Shri Bhatt was being falsely victimized for having performed his duty with utmost sincerity and diligence. Hence the Home department Government of Gujarat decided to accord Shri Sanjiv Bhatt Legal Assistance vide Government of Gujarat Resolution No. MIS/1090/6152-B dated 9th January 1991. The investigation conducted by CID declared that there was no evidence found against Shri Sanjiv Bhatt, and the state government refused to give sanction to prosecute.”
Related:
Life sentence for Sanjiv Bhatt in 30 year old case example of state vendetta?
Sanjiv Bhatt case: Wife releases statement, other documents