The Supreme Court on Monday dismissed a plea by former Gujarat IPS officer Sanjiv Bhatt seeking suspension of his life sentence in connection with a custodial death case dating back to 1990. A bench comprising Justices Vikram Nath and Sandeep Mehta refused to grant bail to Bhatt but directed that the hearing of his criminal appeal be expedited.
“We are not inclined to enlarge the appellant on bail. Our observations made herein above are restricted to bail only and will have no bearing on the appeals of the Appellant and co-accused. The prayers sought by the Appellant is dismissed, however, the hearing of the appeal is directed to be expedited,” Justice Mehta said while pronouncing the order.
Bhatt, who was convicted in 2019 by a sessions court in Jamnagar, was sentenced to life imprisonment along with constable Pravinsinh Zala. Both were held guilty under Sections 302 (murder), 323 (voluntarily causing hurt), and 506(1) (criminal intimidation) of the Indian Penal Code (IPC). The case pertained to the death of one Prabhudas Madhavji Vaishnani, who allegedly died as a result of custodial torture following his arrest during a Bharat Bandh in November 1990.
At the time, Bhatt was serving as the Assistant Superintendent of Police in Jamnagar. He and other officers had taken into custody 133 individuals, including Vaishnani, on charges of rioting. Vaishnani, who was held for nine days, died ten days after being released on bail.
An FIR was registered against Bhatt and others, but the trial was delayed for years due to a stay granted by the Gujarat High Court, which was vacated in 2011. Bhatt’s conviction was upheld by the Gujarat High Court in January 2024, with the court finding no reason to interfere with the lower court’s decision.
Senior Advocate Kapil Sibal, representing Bhatt, argued in the Supreme Court that there was insufficient evidence to link his client to the custodial death, and that Vaishnani died due to pre-existing medical conditions. He noted the absence of any complaint of police torture made to the victim’s family doctor after his release.
Countering the arguments, Senior Advocate Maninder Singh, appearing for the Gujarat government, asserted that the victim’s kidney failure was caused by the alleged physical abuse — including forced sit-ups and crawling — inflicted during custody. Singh also highlighted Bhatt’s criminal history, including a 20-year sentence in an unrelated drug planting case, arguing that there were no exceptional grounds to suspend his current sentence.
Bhatt’s petition was filed through Advocate-on-Record Rajesh Inamdar. The apex court had earlier reserved its verdict on February 28. With the dismissal of his bail plea, Bhatt remains in custody while the criminal appeal is set to be fast-tracked.
(With inputs from Live Law)
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