The Gujarat High Court on Monday stayed its own order that dismissed a petition by suspended IPS officer Sanjiv Bhatt to set aside criminal procedure initiated against him in a custodial death case.
A single-judge bench of Justice R H Shukla granted stay till August 13 to let Bhatt challenge it at the Supreme Court.
Bhatt had challenged a Jamnagar Sessions Courts order to reject his revision petition against a magisterial courts order to initiate criminal proceedings against him and others for murder and allied charges.
The case dates back to 1990 when Bhatt was posted as an ASP. One Prabhudas Vaishnani and some others were arrested in a rioting case,and after being released from the jail,he died of renal failure. Following his death,his brother had lodged a complaint against Bhatt and six other police officials holding them responsible for the death.
According to the complaint,Bhatt and other policemen had subjected Vaishnani to custodial torture that seriously damaged his kidneys. Based on this,a concerned magisterial court had ordered to initiate criminal proceedings against the police officer.
Later,the state government had challenged the order of the magisterial court by filing a revision application before the Sessions Court. However,the government withdrew the revision application last year. Following that,Bhatt and other policemen moved a revision petition against the magisterial courts order,which was rejected first by the Jamnagar Sessions Court and then by the High Court.