Gujarat govt "somersault": It had challenged chargesheet against ex-IPS Sanjiv Bhatt in Supreme Court in 2000
Senior Gujarat High Court advocate SS Sayyed, who has represented ex-IPS officer Sanjiv Bhatt in the lower court in Palanpur, Banaskantha district, as well as the Gujarat High Court, says that the Gujarat government had defended Bhatt in 1999-2000 in the Supreme Court in the 1996 case in which he has been arrested on September 5, wondering, how could the state government change its its stance now by taking a "somersault" and justifying his arrest.
Here is what Sayyed says in his Facebook timeline:
This is the true story that I have understood in respect of Sanjiv Bhatt, ex-IPS. It is supported by arguments made by me on behalf of Sanjiv Bhatt before lower as well as High Court.
I myself in addition to Sanjiv Bhatt and Advocate on record had argued in the matter before lower court at Palanpur on September 6, objecting to Adv Mitesh Amin's insistence on staying the order rejecting remand application of state, after the said order was passed by the magistrate. The magistrate however rightly refused to stay it's order.
Sanjiv Bhatt was arrested last week along with retired inspector IB Vyas for allegedly framing a lawyer from Rajasthan, Sumersingh Rajpurohit, in a case of Narcotic Drugs & Psychotropic Substance (NDPS) Act in 1996
Rajpurohit has been alleging that he was framed by Bhatt at the behest of a former High Court judge RR Jain in connection with a property dispute.
Following their arrest last week, the CID-Crime had sought the two officers’ custody for 14 days. However, a magisterial court rejected the plea.
The CID-Crime then challenged the order before the High Court on the next day itself.
A single judge bench of Justice RP Dholariya has now passed the judgment and ordered Sanjiv Bhatt to be sent to police remand for 10 days.
Arguing for Bhatt, Syed said that Rajpurohit had already got an FIR registered in Rajasthan against Bhatt, Vyas and several other Gujarat police officers in November 1996 with the allegation that as part of a conspiracy he was framed by them.
In that case, Sanjiv Bhatt has been bailed out and a chargesheet has already been filed by Rajasthan Police. That chargesheet has been challenged by the Gujarat government in the Supreme Court and the Supreme Court has stayed the investigation since May 2000... So, how can Sanjiv Bhatt be subjected to an investigation for the same incident twice, as Rajasthan Police has already investigated that incident?
This is more so because the Gujarat government.had supported the action taken by then police officers to be in bonafide discharge of their official duties. Thus, the act of the Gujarat government is contrary to its stand taken before the Supreme Court at the relevant time in 1999-2000. At that time the Gujarat government had defended Bhatt and Vyas in the Supreme Court, while stating that the action of the Rajasthan Police was against the provisions of Bombay Police Act and Section 197 of Criminal Procedure Code.
“The fact that Supreme Court has stayed the chargesheet of Rajasthan Police was concealed before the Gujarat High Court when it ordered further probe in the Palanpur case (in April 2018 this year).
Now the same government by taking a complete somersault with ulterior desire to take revenge and liquidate an honest IPS Officer Sanjiv Bhatt, has purposely brought up this 22 years buried case, torturing Sanjiv Bhatt and defending it, as if it is of so importance by use of public money,whereas Sanjiv Bhatt is fighting his battle alone without any resources.
Therefore more than the case, to harass, torture and convict IPS Sanjiv Bhatt is the main agenda, and in this background, we the people of India, must view the present order of the Gujarat High Court sending him to 10 days police remand!
By changing their stance now the state, through CID, is trying to build up a false case against it's own police department that they had planted 1.25 kg opium in a hotel room in Palanpur in Banaskantha district in 1996, which is nothing but stooping to the lowest.
The government has now taken a stand contrary to its earlier stand in the Supreme Court in connection with the same case, when it had defended him.
In view of above, and in view of the Supreme Court's operating and binding order, which has stayed the matter related to same subject matter, what the High Court has done, according to my humble opinion, is a contempt of the Supreme Court!
Oh, People of India, we sincerely appeal you from core of our heart to save IPS Sanjiv Bhatt,as he has suffered a lot fighting alone!
#SanjivBhatt
Here is what Sayyed says in his Facebook timeline:
This is the true story that I have understood in respect of Sanjiv Bhatt, ex-IPS. It is supported by arguments made by me on behalf of Sanjiv Bhatt before lower as well as High Court.
I myself in addition to Sanjiv Bhatt and Advocate on record had argued in the matter before lower court at Palanpur on September 6, objecting to Adv Mitesh Amin's insistence on staying the order rejecting remand application of state, after the said order was passed by the magistrate. The magistrate however rightly refused to stay it's order.
Sanjiv Bhatt was arrested last week along with retired inspector IB Vyas for allegedly framing a lawyer from Rajasthan, Sumersingh Rajpurohit, in a case of Narcotic Drugs & Psychotropic Substance (NDPS) Act in 1996
Rajpurohit has been alleging that he was framed by Bhatt at the behest of a former High Court judge RR Jain in connection with a property dispute.
Following their arrest last week, the CID-Crime had sought the two officers’ custody for 14 days. However, a magisterial court rejected the plea.
The CID-Crime then challenged the order before the High Court on the next day itself.
A single judge bench of Justice RP Dholariya has now passed the judgment and ordered Sanjiv Bhatt to be sent to police remand for 10 days.
Arguing for Bhatt, Syed said that Rajpurohit had already got an FIR registered in Rajasthan against Bhatt, Vyas and several other Gujarat police officers in November 1996 with the allegation that as part of a conspiracy he was framed by them.
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| SS Sayyed |
This is more so because the Gujarat government.had supported the action taken by then police officers to be in bonafide discharge of their official duties. Thus, the act of the Gujarat government is contrary to its stand taken before the Supreme Court at the relevant time in 1999-2000. At that time the Gujarat government had defended Bhatt and Vyas in the Supreme Court, while stating that the action of the Rajasthan Police was against the provisions of Bombay Police Act and Section 197 of Criminal Procedure Code.
“The fact that Supreme Court has stayed the chargesheet of Rajasthan Police was concealed before the Gujarat High Court when it ordered further probe in the Palanpur case (in April 2018 this year).
Now the same government by taking a complete somersault with ulterior desire to take revenge and liquidate an honest IPS Officer Sanjiv Bhatt, has purposely brought up this 22 years buried case, torturing Sanjiv Bhatt and defending it, as if it is of so importance by use of public money,whereas Sanjiv Bhatt is fighting his battle alone without any resources.
Therefore more than the case, to harass, torture and convict IPS Sanjiv Bhatt is the main agenda, and in this background, we the people of India, must view the present order of the Gujarat High Court sending him to 10 days police remand!
By changing their stance now the state, through CID, is trying to build up a false case against it's own police department that they had planted 1.25 kg opium in a hotel room in Palanpur in Banaskantha district in 1996, which is nothing but stooping to the lowest.
The government has now taken a stand contrary to its earlier stand in the Supreme Court in connection with the same case, when it had defended him.
In view of above, and in view of the Supreme Court's operating and binding order, which has stayed the matter related to same subject matter, what the High Court has done, according to my humble opinion, is a contempt of the Supreme Court!
Oh, People of India, we sincerely appeal you from core of our heart to save IPS Sanjiv Bhatt,as he has suffered a lot fighting alone!
#SanjivBhatt
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Pravin Patel, Human Rights Activist