Former Gujarat cop Sanjiv Bhatt seeks Justice MR Shah's recusal from hearing his plea before Supreme Court

Former Gujarat-cadre IPS officer Sanjiv Bhatt has sought the recusal of Justice MR Shah from hearing his plea before the Supreme Court to produce additional evidence before the Gujarat High Court begins final hearing in his appeal against conviction in a custodial death case. (Sanjivkumar Rajendrabhai Bhatt v. State of Gujarat).On Tuesday, a Bench of Justices Shah and CT Ravikumar was hearing Bhatt's petition, when Senior Advocate Devadatt Kamat, appearing for Bhatt, highlighted a letter seeking the judge's recusal.Kamat said that the issue was about apprehension of bias, to which the Bench replied saying that a reasonable nexus has to be proved. .The letter pointed out that Justice Shah, as a judge of the Gujarat High Court, was on the bench hearing a matter arising from the first information report (FIR) on the basis of which Bhatt was convicted.As a High Court judge, Justice Shah had in 2011 refused to set aside a trial court ruling that had rejected an application for deferment of framing of charges in the case."...the petitioner verily apprehending that the ends of justice will not meet if the present Special Leave Petition is being heard by the same judge. In the circumstance it is most humbly prayed that this Hon'ble Court may be pleased to consider recusing him from hearing the Special Leave Petition," the letter stated..Bhatt is known for being a vocal critic of the Narendra Modi-led government. Prior to his dismissal from service, he had filed an affidavit in the Supreme Court alleging that the Modi-led Gujarat government had a complicit role in the 2002 Gujarat riots. He was dismissed from service by the Ministry of Home Affairs in 2015 on grounds of unauthorised absence from service.Bhatt is also in detention in relation to a 22-year-old drug-planting case..A Jamnagar Sessions Court in Gujarat had in 2019 convicted the ex-IPS Officer in connection with a 1990 custodial death case, and sentenced him to life imprisonment. The incident took place when Bhatt was Assistant Superintendent of Police, Jamnagar, and had taken over 100 persons into his custody for an incident of rioting in the area. One of them, who was in police custody for nine days, died of renal failure after being released on bail. Subsequently, a criminal complaint was registered against Bhatt and other officers for the custodial death, and cognisance was taken by a magistrate in 1995.Bhatt was slapped with Indian Penal Code Sections of murder, causing grievous hurt, criminal Intimidation and abetment..During today's hearing before the top court, counsel for the original complainant sought time to file a response. She argued that her client was never made a party to pleas in the matter before the Supreme Court. The matter was listed next for January 10, as the bench wanted to hear what the Gujarat government counsel had to say on Justice Shah's recusal being sought. [Read order]