Supreme Court refuses to permit ex-cop Sanjiv Bhatt to produce additional evidence before Gujarat High Court in custodial death case

The Supreme Court on Wednesday refused to grant former Gujarat-cadre IPS officer Sanjiv Bhatt permission to produce additional evidence before the Gujarat High Court in his appeal against conviction in a custodial death case [Sanjivkumar Rajendrabhai Bhatt v State of Gujarat]..A bench of Justices MR Shah and CT Ravikumar held that any observations by the top court on the deposition of witnesses may ultimately affect rights of both parties in the appeal. "However, it is observed that the High Court to finally decide and dispose of the Appeal strictly in accordance with law and on merits and on re-appreciation of the entire evidence on record which were considered by the trial Court and without in any way influenced by any of the observations made by the High Court in the impugned order so far as the cause of death is concerned," the apex court ordered..Earlier today, Justice Shah refused to recuse from hearing the plea. The recusal was sought on the ground that while hearing a case arising out of some of the first information reports (FIR) as in the present case, a High Court bench comprising Justice Shah had passed strictures against Bhatt..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 serving as 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 charges of murder, causing grievous hurt, criminal Intimidation and abetment under the Indian Penal Code..Senior advocate Devadatt Kamat and advocate-on-reocord Aljo K Joseph appeared for the petitioner. The respondents were represented by senior advocates Maninder Singh, ANS Nadkarni along with advocates Rajat Nair, Swati Ghildiyal, Devyani Bhatt, RC Kohli, Ruchi Kohli, Srishti Mishra, Deepti Arya, SS Rebello, and Arzu Paul. .[Read our live-coverage of the hearing below].[Read Order]