SC rejects suspended IPS officer Sanjeev Bhatt's plea

Discussion in 'Politics & Society' started by Galaxy, Jul 20, 2012.

  1. Galaxy

    Galaxy Elite Member Elite Member

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    HC rejects suspended IPS officer Sanjeev Bhatt's plea

    Friday, Jul 20, 2012

    Gujarat High Court today rejected the plea of suspended IPS officer Sanjeev Bhatt to set aside criminal procedure initiated against him in the 1990 custodial death case.

    After the pronouncement of the order, Bhatt's advocate IH Syed requested for a stay on it for four weeks to enable him to challenge it in the Supreme Court.

    Justice RH Shukla will decide his request on Monday after hearing all the parties of the case.

    The case concerns the death of one Prabhudas Vaishnani who allegedly succumbed to injuries sustained by him while in custody by the police on the night of October 30, 1990.

    As an Assistant Superintendent of Police in Jamnagar in October 1990, Bhatt had detained many BJP workers at Jamkhabhalia, who were protesting against the arrest of LK Advani after his Rath Yatra was stopped. Prabhudas Vaishnani was one of those who were detained. He later died in the police custody and Prabhudas's brother, Amrutlal Vaishnani, had lodged a case against Bhatt and other policemen.

    Bhatt had, earlier challenged the order of the Sessions judge to start hearing of the case and initiate framing of charges against all the accused, including him.

    On July 30, the Sessions Court in Jamnagar rejected Bhatt's revision application and ordered to frame charges.

    Bhatt then moved the high court challenging the Sessions Court order to reject his revision application. He had also challenged the order of Metropolitan Magistrate, who took the cognisance of Vaishnani's complaint and ordered to file charges against Bhatt and other policemen, in 1991.

    Earlier, the state government had protected Bhatt and refused sanction for his prosecution under Section 197 of the Criminal Procedure Code. But it reversed its stand and gave sanction to prosecute Bhatt and other policemen in the case.

    Bhatt had recently made allegations against chief minister Narendra Modi and accused him of complicity in the communal riots of 2002.

    HC rejects suspended IPS officer Sanjeev Bhatt's plea - India - DNA
     
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  3. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    It means that there is a prime-facie case against them, these scumbags need a tight slap on their cheeks :kickass:
     
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  4. amitkriit

    amitkriit Senior Member Senior Member

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    Bhatt's advocate IH Syed <--- :rolleyes:

    ^^ :tsk: This is an attack on the roots of the Indian Sicularism, may be the judge is a secret "Saffron Terrorist".
     
  5. laughingbuddha

    laughingbuddha Regular Member

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  6. VIP

    VIP Ultra Nationalist Senior Member

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    He has already joined Congress, nobody pays attention to him, not even Gujarat Samachar :p
     
  7. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Some notable points the H'ble SC made (from the above link) :-

    1. "He had exchanged e-mails with rival political party leaders and was being tutored by the lawyer of NGO and its activist... Petitioner has used the media card, has even sent the e-mails to influence the judicial proceedings of a 3-Judge Bench of this Court and has tried to influence the amicus curiae,"

    2. "No case is made out to constitute SIT. No doubt about it 'be you ever so high the law is above you' is a well accepted principle but in the instant case the conduct of the petitioner cannot be said to be above board. Neither it can be said that he has come to the court with clean hands." "Petitioner (Bhatt) was a high ranking officer but he too cannot be said to be above law. He must undergo the investigation as envisaged by law in case he has committed the offences in question," the bench said.

    3. "Petitioner (Bhatt) after keeping quiet for nine years had taken K D Panth with himself to the SIT on March 25, 2011 and insisted that Panth should be examined in his presence. "It was not expected of a senior officer like petitioner to act in the aforesaid manner. Effort of petitioner to examine K D Panth on March 25, 2011 in his presence by SIT was indicative of pressure tactic employed by him," the court said adding that Bhatt had also filed "concocted documents regarding award of Rs 500 given to Panth for working till late night on February 27, 2002."

    4. The bench, which favoured investigation against the controversial IPS officer, took strong exception to Gujarat Police constable K D Panth being pressurised to sign an affidavit testifying that Bhatt had participated in a high-level meeting after the Godhra carnage.

    :)
     
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  8. iNDiAN.96

    iNDiAN.96 Nationalist Senior Member

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    So called "Top Cop" :bs:

    That's what media was painting him right? Now hiding behind the bush.
     
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  9. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Few of some 3 pages details on Sanjeev Bhatt's "excellent career" :-

    http://swarajyamag.com/politics/her...o-the-doings-and-misdoings-of-sanjiv-bhatt-2/

    This is what former Additional Director General Police; AI Syed who was his direct boss for some time and wrote his first ‘Annual Confidential Report’ (ACR) had to say about him:

    When I was Superintendent of Police in Mehsana, Sanjiv Bhatt was my supernumerary. I wrote his first ACR in which I said: ‘He acts first and thinks later’. He really needed to be kept under control. Before he left Mehsana I told some officers, his actions are so wild he will be in jail someday. That was my prediction in 1990. He would open fire over petty things. For example, at one time he fired at a group of youngsters simply because they were gambling. At the time of 2002 riots, he was nowhere on the scene. He had so many cases and complaints against him including charges of abduction, extortion and unprovoked firing that he was not getting a promotion. The Vigilance Commission had recommended his suspension.


    But DG Pandey took pity on him. He corrected his ACRs and promoted him as DIG. He was sent as a training officer near SRP, Junagarh. But Bhatt wanted to be posted in Ahmedabad. So he decided to create a ruckus. He is known for using blackmail any time he is in trouble or denied a promotion. Had he been posted in Ahmedabad, he would have not filed false cases against Modi and his officers. He is a sirfira (crackpot) type. A man who is callous with his own parents is not going to be loyal to anyone else. I know him inside out (rag- rag jaanta hoon main iski). When his father was lying critically ill in hospital, he never went to see him once.

    When Sanjiv Bhatt was posted as SP, Rajpipla in Narmada district, the prince of Rajpipla invited him to stay for free in a part of his Palace. Even after her got transferred out of Rajpipla, he refused to vacate the palace. What is worse he had started an affair with the wife of his benefactor. That was another reason for his refusal to vacate the Palace. He is essentially a namak haram– never true to the salt of his benefactors. The DG Police as well as Congress leader Ahmed Patel had to intervene to get him to vacate the palace.

    This is the kind of life he has lived and now he pretends to be the new Mahatma Gandhi. This is all dirty politics. They are not going to get honest officers to make false complaints. Only compromised people will do so. The reason is they have their share in everything. They have gobbled up enormous loads of money in the name of helping riot victims. For that they need to keep the Muslim community in a state of siege.’


    A senior official told me: ‘Sanjiv Bhatt was always given inconsequential postings to minimise his nuisance value and harmful tendencies.’ Another senior bureaucrat said:

    ‘Bhatt has a long track record of blackmailing not just people under his charge but also his fellow officers and bosses. Every time he gets into trouble, he resorts to blackmail. In all his postings, he committed plenty of high handed acts. Most people are terrified of filing cases against police officers because they have the power and clout to ruin your life. But three serious criminal cases filed against him reached the courts. But Bhatt is a past master in getting stay orders in cases against him. That is why action could not be taken against him; despite a very unsavoury track record and even after the Vigilance Commission ordered his suspension. Since Bhatt is a Gujarati and there are very few Gujarati’s in bureaucracy, Bhatt is able to play on Gujarati connections to escape punishment. This time round Supreme Court came to his rescue by giving a stay order on Bhatt’s trial.’

    Criminal Complaints Against Sanjiv Bhatt


    Atrocities on Villagers, Jam Jodhpur:


      • While handling law and order situation during his posting as ASP Jamnagar in the year 1990, Sanjiv Bhatt committed atrocities on peaceful and innocent villagers belonging to a particular community at a place called Jam Jodhpur. In the beatings by police, one person was killed. The victims included a pregnant woman, two assistant engineers of Irrigation Department and one Circle Officer of the Revenue Department.




      • Bhatt applied provisions of the draconian Terrorist and Disruptive Activities Act (TADA) against innocent persons and arrested 140 individuals under this Act. Due to public pressure, the Government got an inquiry conducted by a retired Judicial Officer into the incident, Bhatt was found guilty of (a) misuse of TADA (b) police atrocities and (c) unnecessary imposition of curfew for 70 hours leading to hardship and harassment to the people.




      • Criminal case of death of a person due to police atrocities in the incident was investigated by State CID (Crime) against Sanjiv Bhatt and others. After completion of investigation, the Investigating Officer sought prosecution sanction from the Government u/s 197 Cr.PC, which was declined and therefore, a closure report was filed in the competent court. However, the Court rejected the closure report on 20.12.1995 and took independent cognizance of the offence. The State Government filed a Criminal Revision Application in the Sessions Court, which was rejected.




      • The case u/s 302, 323, 506(1), 114 of IPC has now been committed to the Sessions Court, Jamnagar and is presently pending with the Fast Track Court, Khambhalia for framing of charges against Sanjiv Bhatt and others. Gujarat High Court had awarded a compensation of Rs.1, 50,000/- to the victim who had died due to police atrocities in the above case.
    Abduction, Planting Narcotics and Blackmail:




      • Another criminal complaint was filed against Sanjiv Bhatt, while he was posted as SP; Banaskantha District in 1996 by Sumersingh Rajpurohit, an Advocate practicing at Pali, Rajasthan and a criminal case was registered against Bhatt & others.




      • On completion of the investigation, the charge sheet was filed against Sanjiv Bhatt & others u/s 114, 120B, 323, 342, 348, 357, 365, 368, 388, 452, 201 & 482 IPC and Sec. 9, 17, 18, 29, 58 (1) & 58 (2) r/w Sec. 37 of NDPS Act in the court of Spl. Judge, NDPS Act, Jodhpur, Rajasthan.




      • The allegations in brief are that the complainant Advocate was occupying a property as a tenant in Pali (Rajasthan), which was owned by a lady, who happened to be a sister of R. R. Jain, a sitting Judge of Gujarat High Court.




      • As per this criminal complaint Sanjiv Bhatt and his subordinate police officers allegedly planted 1½ kg of a narcotic drug in a room of a hotel at Palanpur, Gujarat, which was falsely shown as having been occupied by Rajpurohit, though he was at Pali (Rajasthan) at that time. The Advocate was abducted at midnight on the instructions of Sanjiv Bhatt by his subordinate police officers of Gujarat police, who went from Palanpur, Gujarat to Pali (Rajasthan) to abduct him.




      • Advocate Rajpurohit was brought to Palanpur, Gujarat and pressurized by Sanjiv Bhatt and his subordinate police officers to vacate the said property by showing him arrested under the Anti- Narcotics law, NDPS. While in the custody of Gujarat Police and due to police torture, Rajpurohit vacated the property and physical possession of the property was handed over to the sister of RR. Jain, Judge of Gujarat High Court.




      • Sanjiv Bhatt and his subordinate police officers thereafter released Sumersingh Rajpurohit on 08-05-1996, by filing a report u/s 169 Cr.PC, in which it was mentioned that Sumersingh could not be identified in the Test Identification Parade. The case was essentially filed to blackmail Rajpurohit into vacating the property. Once the purpose was achieved, Rajpurohit was freed and the false case against him withdrawn.




      • Quashing Petitions were filed in this matter by Sanjiv Bhatt and associates in Rajasthan and Gujarat High Court, but the same had been dismissed. The matter is now pending before the Supreme Court of India.




      • On the complaint of Sidheshwar Puri, Secretary, Bar Association, Pali (Rajasthan), National Human Rights Commission taking a very serious view of this false case under NDPS Act vide its order dated 15-09-2010 asked Govt. of Gujarat to pay a sum of Rs. one lakh as monetary relief to Advocate Sumersingh. A charge sheet served upon him on 29-12-2010, for irregularities in police recruitment under his chairmanship as SP, Banaskantha is still pending.
    [It is noteworthy that the Judge R.R Jain on whose behalf Bhatt carried out a series of criminal acts was demoted and suspended. He retired under suspension. But Bhatt got a stay order from the Supreme Court claiming immunity on the plea that he did all those acts in his “official capacity”. Therefore, he cannot be tried for them. Bhatt has remained unscathed thus far. Thanks to the generous help provided to him by the Congress Party and well-heeled NGO of Teesta Setalvad, he has gotten stay orders in all other cases as well with Setalvad’s organization alleging that “vindictive” Modi is persecuting “honest officers” like Bhatt. This despite the fact that all these criminal cases were filed against Bhatt much before Modi became CM.]

     
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