In a resounding affirmation of justice, the Gujarat High Court upheld the life imprisonment sentence for former Indian Police Service officer Sanjiv Bhatt in connection with the 1990 custodial death case of Prabhudas Madhavji Vaishnani. The incident rooted in allegations of custodial torture unfolded during Bhatt’s tenure as the Assistant Superintendent of Police in Jamnagar. After detaining 133 individuals including Vaishnani for their role in rioting during a Bharat Bandh, Vaishnani succumbed to renal failure ten days after being released on bail. The subsequent FIR led to a prolonged legal battle with the trial facing delays until 2011 due to a Gujarat High Court stay.
In June 2019, the Sessions Court sentenced Bhatt and a police constable to life imprisonment citing convictions under various sections of the IPC. Despite their appeal, the recent Gujarat High Court decision rendered by Justice Ashutosh Shastri and Justice Sandeep N. Bhatt dismissed the challenge affirming the soundness of the initial conviction. The echoes of justice resonate as the court stands firm in delivering its verdict on this poignant and long-standing case.
CASE DETAILS:
Shweta Sanjay Bhatt v. State of Gujarat
2023 Livelaw (Guj) 35
Gujarat High Court
Coram: Justice Ashutosh Shastri and Justice Sandeep N. Bhatt
BRIEF FACTS:
- The incident involves the death of Prabhudas Madhavji Vaishnani in November 1990 allegedly due to custodial torture. At that time, Sanjiv Bhatt served as the Assistant Superintendent of Police in Jamnagar and along with other officers detained around 133 individuals including Vaishnani for their involvement in rioting during a Bharat Bandh.
- Vaishnani held in custody for nine days passed away ten days after being released on bail. Medical records attribute his death to renal failure. Subsequently, an FIR was filed against Bhatt and other officers on charges of custodial torture.
- The case was taken up by the Magistrate in 1995 but the trial faced delays until 2011 due to a Gujarat High Court stay. The stay was later lifted allowing the trial to proceed.
- In June 2019, a Sessions Court in Jamnagar district sentenced Bhatt and a police constable Pravinsinh Zala to life imprisonment. They were convicted under sections 302 (murder), 323 (punishment for voluntarily causing hurt), and 506 (1) (punishment for the offense of criminal intimidation) of the IPC.
- Additionally, police constables Pravinsinh Jadeja, Anopsinh Jethva and Kesubha Dolubha Jadeja along with police sub-inspectors Shailesh Pandya and Dipakkumar Bhagwandas Shah were found guilty of custodial torture. They were convicted under Sections 323 and 506 (1) of the IPC. Zala, Bhatt, Shah and Pandya challenged their conviction in the HC in 2019.
JUDGEMENT:
The Gujarat High Court dismissed the appeal filed by Sanjiv Bhatt challenging his conviction and life imprisonment sentence imposed by the Jamnagar Court in connection with an alleged case of custodial torture and death dating back to 1990. Dismissing their criminal appeal, a bench of Justice Ashutosh Shastri and Justice Sandeep N. Bhatt observed that the reasoning given by the Jamnagar Court was correct and hence, there was no reason to interfere with the order of conviction.