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SC Rejects Bail Plea of Former Gujarat IPS Sanjiv Bhatt in 1990 Custodial Death Case

A bench comprising Justices Vikram Nath and Sandeep Mehta observed - “We are not inclined to enlarge the appellant on bail. However, the hearing of the appeal is directed to be expedited.”
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New Delhi: The Supreme Court on Tuesday declined to grant interim bail or suspend the life sentence of expelled Gujarat cadre IPS officer Sanjiv Bhatt (1988 batch), in connection with a 1990 custodial death case. However, the court ordered that the criminal appeal filed by Bhatt be expedited for an early hearing.

A bench comprising Justices Vikram Nath and Sandeep Mehta observed – “We are not inclined to enlarge the appellant on bail. However, the hearing of the appeal is directed to be expedited.”

The decision follows Bhatt’s plea challenging the January 2024 judgment of the Gujarat High Court, which upheld the 2019 life imprisonment verdict handed down by the Jamnagar Sessions Court.

Arguments by Sanjiv Bhatt’s Counsel

Appearing on behalf of Bhatt, Senior Advocates Kapil Sibal and Devadatt Kamat, along with Advocates Rajesh G. Inamdar and Shashwat Anand, contended that:

  • Bhatt has already spent over five years in custody.
  • There is no direct medical evidence establishing his involvement in custodial torture.
  • The victim, Prabhudas Madhavji Vaishnani, did not report any mistreatment at the time of his release on bail.
  • The cause of death was attributed to pre-existing renal conditions, not police brutality.

Counter from the Gujarat Government

The State of Gujarat, represented by Senior Advocate Maninder Singh and Advocate Swati Ghildiyal, strongly opposed the bail request. The prosecution argued:

  • Medical records linked custodial mistreatment to the victim’s eventual death from renal failure.
  • Bhatt’s conviction in another criminal case reflected a pattern of misconduct.
  • No grounds existed to justify suspension of sentence at this stage.

Background of the Case

The case dates back to November 1990, when Bhatt, then an Assistant Superintendent of Police in Jamnagar, oversaw the detention of 133 individuals during a Bharat Bandh. One of the detainees, Prabhudas Vaishnani, was released on bail and died ten days later. The case remained dormant for years due to procedural delays, with the trial commencing only in 2011 after a stay was lifted. In 2019, Bhatt and another officer were convicted and sentenced to life imprisonment under charges including murder.

Bhatt, once a prominent police officer, came into national spotlight after he publicly accused then Gujarat Chief Minister Narendra Modi of complicity in the 2002 Gujarat riots. He was later dismissed from service and has since faced multiple legal challenges.


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