Withdrawing case against Sanjiv Bhatt | Complainant backtracks: ‘Decision inappropriate’

Jamjodhpur resident Chitroda’s advocate Vijay H Patel had told the high court Tuesday about his client’s intention to withdraw the complaint to which Justice Nikhil Kariel who was hearing the quashing petition moved by the former officer, directed Chitroda to file an affidavit Thursday.

Bhatt was facing four private complaints filed in the court of Judicial Magistrate First Class of Jamjodhpur,  alleging custodial torture, of which two were quashed by the HC in 2009.

The Gujarat government, through public prosecutor Mitesh Amin on Tuesday, had submitted that “if wisdom has prevailed on the private complainant now after 30 years, the state would not object to it (withdrawal of the complaint)”.

The court had remarked that “all this could have been avoided” and the court, advocates and other litigants could have done “so much constructive work during this period”. Justice Kariel added, “Since it is a flip-flop, let’s wait till the actual affidavit is filed.”

The submission came during the hearing of quashing petitions moved by Bhatt and another accused former police constable Pravinsinh Zala. The petitions, filed in 1996 by Zala and in 1999 by Bhatt had sought quashing of the private criminal complaint by Chitroda against them in relation to the Jamjodhpur riots of October 1990.

Bhatt and Zala are currently in judicial custody, sentenced to life imprisonment, following conviction in another case of alleged custodial death during the same event.

The petition by Bhatt and Zala seeking quasing of Chitroda’s complaint is now listed for April 22, for pronouncement of final verdict.