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This is an archive article published on September 24, 2011

HC asks Jamnagar court to defer framing charges against Bhatt

The Gujarat High Court on Friday ordered Jamnagar court to defer framing of charges against suspended IPS officer Sanjiv Bhatt and others by two days in an alleged police atrocity case of 1990 in which one person had died.

The Gujarat High Court on Friday ordered Jamnagar court to defer framing of charges against suspended IPS officer Sanjiv Bhatt and others by two days in an alleged police atrocity case of 1990 in which one person had died.

The order was passed by Justice R H Shukla after hearing Bhatt’s petition,which challenged the state government’s decision to withdraw its plea seeking revision of a Jamnagar sessions court order that had ordered criminal proceedings against him and six others in connection with the case.

The hearing also saw heated arguments between Bhatt’s advocate I H Syed,government pleader Prakash Jani and counsel for the complainant whose brother had died in the incident,Percy Kevina.

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The court ordered the sessions court in Jamnagar to defer framing of charges against Bhatt and six others,by two days,which was earlier scheduled for September 27.

The court also scheduled the next hearing in the case on September 27. Counsels appearing for government,Bhatt and other parties have been asked to complete their arguments on that day.

The court passed the order after Jani informed it that an application of Bhatt was already pending before the Jamnagar sessions court,and this fact was hidden from the court by Bhatt and his advocate.

Jani had also demanded that actions should be taken against Bhatt as he had tried to hide facts from the court in a bid to delay the court process.

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Syed argued it was the government,which delayed the process for 21 years by changing stands.

Kevina also accused Bhatt of delaying the case and said a complainant should not be made to suffer for 21 years for getting justice. The atmosphere got charged up to the extent that Justice Shukla had to intervene and calm down the lawyers.

He told Syed that he should have informed the court about the application that Bhatt had filed in the Jamnagar court immediately after the state government withdrew its revision application filed in 1996.

Bhatt has been contending before the court that the withdrawal of revision application 15 years after it was filed was intended to harass him.

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Since he was an important witness in the case of 2002 riots and had accused Chief Minister Narendra Modi of misusing state machinery during post-Godhra riots in an affidavit in SC,the government had decided to withdraw its application.

In 1990,Bhatt was posted as DSP in Jamnagar when communal clashes broke out. It was under his command that police officers had beaten up people,resulting in the death of his brother,Percy had alleged.

Bhatt was suspended by the Gujarat government on August 8 for misconduct,unauthorised absence from duty,misuse of official vehicle and not appearing before the departmental inquiry panel.

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