Explained: Former IPS officer Sanjiv Bhatt and the myriad cases he is faced with

Jamjodhpur incident

In June 2019, a trial court in Jamnagar had convicted seven police officials including Bhatt for custodial torture and subsequent death of one Prabhudas Vaishnani in 1990. Bhatt was sentenced to life imprisonment and has been in judicial custody. Bhatt, who was the additional superintendent of police of Jamnagar district in 1990, along with other police officials, had arrested 133 persons including Vaishnani from Jamjodhpur town for allegedly indulging in communal rioting during a nationwide bandh call given by the Bharatiya Janata Party (BJP) and the Vishwa Hindu Parishad (VHP). The strike was called in protest against the then BJP president LK Advani’s arrest during his rath yatra.

Following Vaishnani’s death in November 1990, his brother Amrutlal had alleged that the torture meted out by Bhatt and other police officials led to the death of Vaishnani. An A-summary report was filed in this case in 1995 after the state government refused to grant sanction for prosecuting Bhatt. But after Bhatt’s deposition in relation to the 2002 communal riots before the Nanavati and the Mehta Commission between May and July 2011, the state withdrew protection granted to Bhatt and the Jamnagar court began framing charges soon after.

Apart from an FIR and subsequent trial that convicted Bhatt for murder of Vaishnani, at least four other private complaints by those arrested during the rioting were filed before a First Class Judicial Magistrate of Jamjodhpur, alleging custodial torture by Bhatt and other police officials. These included a complaint by one Chetan Prataprai Jani under Indian Penal Code (IPC) Sections 323, 506(1), 114, 34, another by Ravji Harji Sinojiya under IPC Sections 447, 325, 323, 506(2), 504, 114, and 34, a third complaint by one Kara Devji Kalariya under IPC Sections 323, 326, 114, 34 of IPC and a fourth complaint by Chitroda under IPC Sections 325, 323, 114, and 34.

Bhatt and former police constable-cum-co-accused Pravinnsinh Zala had also moved petitions before the Gujarat High Court in 2007 seeking quashing of the private complaints by Jani and Sinojiya, primarily on the grounds that they were discharging their duties as police officers by dispersing the unlawful assembly and preventing communal violence, and are thus protected against prosecution and institution of proceedings in a criminal court under the provisions of the Code of Criminal Procedure (CrPC). Thereafter, the high court had quashed and set aside in 2009 the two complaints lodged by Sinojiya and Jani.

A similar plea made in 1999 to quash Chitroda’s complaint was dismissed by the high court in November 2019 for default as no one represented Bhatt before the Court during the proceedings. The state had also objected to the quashing of the petition. Appealing against the conviction by the Jamnagar court, Bhatt had also sought bail and suspension of the sentence before the Gujarat High Court, which was rejected in September 2019, even as the appeal remains pending in the Supreme Court.

Drugs case

Lodged in Palanpur jail in Banaskantha district for the last three-and-a-half years, Bhatt is also facing trial before a special NDPS court in Banaskantha in a ‘drug-planting’ case dating back to 1996. Notably, a Rajasthan-based lawyer, Sumer Singh Rajpurohit, was arrested from a Palanpur hotel in 1996 for allegedly carrying 1.5 kg opium.

Two FIRs were lodged in this case – one in May 1996 at Palanpur city police station in Gujarat’s Banaskantha under the provisions of the NDPS Act, and another FIR at Kotwali police station in Pali, Rajasthan, in October 1996 based on a complaint by Rajpurohit accusing Bhatt, who was serving as the superintendent of police at Banaskantha, among other police officials, and Gujarat High Court judge RR Jain of falsely framing him in the case by planting the drug in the hotel room. An A-summary report was filed by the police in February 2000 in the Palanpur case but the case saw no headway between 1996 and 2018.

Finally in 2018, the Gujarat High Court ordered that the Palanpur FIR be investigated by an SIT comprising CID Crime members. Notably, the litigation seeking a probe was moved by the judge accused by Rajpurohit in the Pali FIR and did not include other co-accused as parties to the litigation.

Pursuant to the Gujarat High Court’s direction on probing the Palanpur FIR, Bhatt was arrested in September 2018 and soon after trial began in the case. One of the key accused – IB Vyas – has turned approver.

In a sliver of relief to Bhatt, the high court in October 2021 partly allowed a plea by Bhatt seeking access to documents pertaining to the case. Additionally, the court also directed the special NDPS court to complete the trial in nine months.

Other cases

An FIR was registered by constable KD Panth, who had assisted Bhatt as assistant intelligence officer in 2002, alleging that Bhatt had forced him to file a false affidavit before the Supreme Court amicus curiae affirming Bhatt’s attendance at a meeting held at the then chief minister Narendra Modi’s house on February 27, 2002 – the day when the Godhra train-burning incident took place.

A private complaint alleging custodial torture by Bhatt and constable Vajubhai Chau was filed by one history-sheeter Naranbhai Jadavbhai in 1998. Bhatt was posted as Porbandar SP in 1997 and Jadav was arrested while investigating a case of alleged weapons and arms smuggling from Pakistan. In 2010, Bhatt moved the Gujarat High Court seeking quashing of the complaint but the court rejected his plea in 2011 and instead directed the Porbandar magisterial court to proceed further with the trial and conclude the same “at the earliest but not later than 12 months”. The order was challenged in the Supreme Court but the apex court dismissed the plea. The magisterial court issued an arrest warrant against Bhatt and Chau in the case on March 30.

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Dismissal from service

Bhatt was placed under suspension in August 2011 soon after his deposition against the then Gujarat chief minister Narendra Modi in the 2002 riots case. The reasons cited being his unauthorised absence from duty, non-appearance before a departmental panel and alleged misuse of official vehicles. In 2013, the state government sought for Bhatt’s dismissal before the Union Ministry of Home Affairs and in August 2015, the MHA issued an order dismissing Bhatt from service. Bhatt did not challenge the order of dismissal from service.