Gujarat HC quashes charges against Pathak, Bhatt

The commission was appointed by the high court during the agitation after a resident of Khadia filed a petition alleging police excesses. Headed by Anjani Kumar Thakar, then additional registrar, the commission was visiting Khadia when head constable Lakshman Desai was killed. Pathak, Bhatt and the other accused were charged with killing Desai. The commission submitted its report a few months later.

The high court directed the Additional Sessions Judge to re-frame charges or take any other decision after hearing the accused and the prosecution and ensuring that the accused had received copies of the court commission’s report. The court said the accused were at liberty to make submissions to the trial court about the charges and claim discharge on the basis of papers supplied to them and on grounds permissible under the law.

Government pleader Arun Oza then assured the high court that a copy of the commission’s report would be placed on record with the trial court and given to the accused by November 21.

The high court observed that the trial court had framed charges against the 11 accused without considering the report of the court commission. So, the framing of charges by the trial court was not only “contrary to law” but also in violation of the high court’s order of September 25 this year.

In that order, Justice R M Doshit had directed that the trial judge would order production of the court commission’s report before framing charges. On November 7, the public prosecutor in the trial court had moved an application before the Additional Sessions Judge, seeking time to submit the report. The trial judge asked the public prosecutor to submit the report before the next date of hearing but went on to frame the charges the same day.