High Court judge recuses from hearing Bhatt plea in 1990 case

The matter will now be referred back to the Chief Justice who will send it to another judge.

Bhatt,in his petition filed on Tuesday,challenged the legality and validity of a Jamnagar court order refusing to defer framing of charges against him in the over two-decades old case. The IPS officer has sought quashing of the order and a stay on court proceedings against him.

Bhatt said the Jamnagar Court,while rejecting his plea for deferment of framing of charges,did not consider his criminal revision application and also a plea for condonation of delay of 21 years in the case pending before it.

He contended that once the court goes ahead with framing of charges against him and other accused,his criminal revision plea would become infructuous which would violate his fundamental rights guaranteed under the Constitution.

On December 9,a fast-track court of judge N P Solanki in Jamkhambhalia taluka of Jamnagar rejected Bhatt’s plea to defer framing of charges.

The court scheduled next hearing on December 27 when the charges are likely to be framed against the police officer and six other accused.

According to case details,one Prahbudas Vaishnani,arrested during a communal flare-up in Jamkhambhalia in 1990,died in a hospital a few days after he was released from police custody.