Former IPS officer Sanjiv Bhatt on Thursday challenged in the Gujarat High Court his conviction by a Jamnagar sessions court in a 1990 case of custodial torture. He also sought the suspension of his sentence of life imprisonment till the high court decides on his appeal to overturn the lower court’s order. The division bench of Justices Harsha Devnani and VB Mayani issued notice to the state government in this regard. A suspension of sentence would imply that one does not have to undergo jail time and if one is in confinement, he may be released on bail or on his own bond. At present, Bhatt is lodged in the district jail at Palanpur. The Jamnagar sessions court had found Bhatt guilty under IPC section 302 (murder), section 323 (punishment for voluntarily causing hurt) and section 506 (1) (punishment for offence of criminal intimidation) and sentenced him to life imprisonment. In this appeal, the high court shall be examining whether there was any lacuna in the lower court's judgment. No new evidence or witnesses shall be brought on the HC's record. The case dates back to October 30, 1990 when Bhatt, then posted as additional superintendent of police of Jamnagar district and other police officers arrested 133 persons from Jamjodhpur town of the district for allegedly indulging in rioting during a nationwide bandh call given by the Bharatiya Janata Party and Vishwa Hindu Parishad to protest against BJP president LK Advani's arrest during a rath yatra. Prabhudas (40) and his youngest brother Rameshchan-dra were among the 133 arrested and booked under the Terrorism and Disruptive Activities (Prevention) Act. They were sent to Jamnagar jail the following day after being remanded in judicial custody and were released on bail on November 8, 1990. When they fell ill, another Pradbhudas' younger brothers Amrtulal got his Prabhudas and Rameshchandra admitted to NM Virani Hospital in Rajkot after doctors in Jamnagar told him that the two brothers had renal problems. While undergoing treatment for kidney complications, Prabhudas died in the Rajkot hospital on November 18, 1990. Doctors said he had died of acute renal failure and cardio-respiratory arrest. Following his death, Amrutlal filed a case against the police officers for the custodial torture of his brother, which he said had led to his death.
