The Supreme Court on Tuesday turned down a petition for bail and suspension of sentence made by former Indian Police Service (IPS) officer Sanjiv Bhatt, who is currently serving a life sentence in connection with a custodial death case from 1990 in Gujarat. The court, however, instructed that his appeal be heard without delay.
The decision was delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, who stated: &ldquo;We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein above are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused. The prayers sought by the appellant, Sanjiv Kumar Bhatt, for the grant of bail are dismissed. Hearing of the appeal is directed to be expedited.&rdquo;
Bhatt had sought interim relief in the form of bail and a stay on his sentence, which stems from his conviction in a case involving the death of a man while in police custody.&nbsp;
At the time of the incident, Bhatt was posted as Additional Superintendent of Police in Gujarat&rsquo;s Jamnagar district. He had detained over 130 individuals under the Terrorist and Disruptive Activities (Prevention) Act (TADA) during a communal disturbance in Jamjodhpur town.
The unrest occurred following a nationwide shutdown called by the Bharatiya Janata Party (BJP) and the Vishwa Hindu Parishad in protest against the arrest of senior BJP leader L K Advani, ahead of a planned political rally to Ayodhya in Uttar Pradesh.
On November 18, 1990, Prabhudas Vaishnani, one of the detainees, died in a hospital shortly after his release from custody. Allegations were made that the death was the result of torture while in police detention.&nbsp;
A formal complaint was lodged by the victim&rsquo;s brother, Amrutlal Vaishnani, leading to a criminal case against Bhatt and six other police officers. The matter was handed over to the state Criminal Investigation Department (CID) in Gandhinagar.
In 1995, the CID sought mandatory sanction from the Gujarat government to prosecute Bhatt, as required for legal proceedings against a serving public official. The request was denied, and the CID subsequently submitted an A-summary report, effectively closing the investigation.&nbsp;
However, the court declined to accept the closure and, in December 1995, took cognizance of the offences alleged against Bhatt and the others.
Further developments followed Bhatt&rsquo;s testimony between May and July 2011 before the Nanavati and Mehta Commissions, which were investigating the 2002 communal riots in Gujarat. Soon after his deposition, the state government revoked the protection previously granted to him, and the Jamnagar court proceeded to frame charges.
In June 2019, a sessions court in Jamnagar convicted Bhatt and sentenced him to life imprisonment. This verdict was upheld by a division bench of the Gujarat High Court in January 2024. Following the High Court&rsquo;s judgment, Bhatt approached the Supreme Court, which issued a notice to the Gujarat government in 2004 and later reserved its decision.
Bhatt is also named in two separate criminal matters. He was found guilty in a 1996 drug planting case and sentenced to 20 years in prison by a sessions court.&nbsp;
His appeal in that case is still under consideration by the Gujarat High Court. In a separate 1997 custodial torture case, Bhatt was acquitted by a magistrate&rsquo;s court in December 2024.
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Sanjiv Bhatt remains in jail as SC rejects bail plea in 1990 Gujarat custodial death; appeal to be expedited

SC Rejects Bhatt’s Bail in 1990 Custody Death

Sanjiv Bhatt remains in jail as SC rejects bail plea in 1990 Gujarat custodial death; appeal to be expedited

April 29, 2025 | 14:42 IST