Justice MR Shah refuses to recuse from hearing plea in Supreme Court by ex-cop Sanjiv Bhatt

Supreme Court judge Justice MR Shah on Wednesday refused to recuse from hearing a plea by former Gujarat-cadre IPS officer Sanjiv Bhatt [Sanjivkumar Rajendrabhai Bhatt v State of Gujarat]..A bench of Justices MR Shah and CT Ravikumar declined an application seeking the recusal in a plea by Bhatt seeking permission to produce additional evidence before the Gujarat High Court in his appeal against conviction in a custodial death case."We have passed a speaking order.. declined," the court said..Justice Shah had in February said that he will not recuse from hearing the matter. The case had since been adjourned multiple times as counsel for either side sought time to file counter-affidavits and rejoinders..However, during yesterday's hearing, Senior Advocate Devadatt Kamat pointed out that no formal order to this effect was passed. He then went on to argue"I have the highest respect for this Court. But justice should not only be done but also seen to be done." Justice Shah had replied saying, "We have already rejected. Do not give lecture." .Kamat pointed out that while hearing a case arising out some of the first information report (FIR) as in the present case, a High Court bench comprising Justice Shah had passed strictures against Bhatt. He added that the issue was of a likelihood and apprehension of bias. "A judge as a matter of principle ought to recuse in some cases. Lordship had formed an opinion on his conduct during the trial. Now one of the points is I am delaying the trial, on which my lord (Justice Shah) had squarely taken a view.".Senior Advocate Maninder Singh, appearing for Gujarat government, opposed the application for recusal. He pointed out that other cases of Bhatt had been dealt with by the instant bench.Senior Advocate Atmaram Nadkarni, appearing for the original complainant had said there was no question of bias..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..Bhatt has been a vocal critic of the Narendra Modi government. Prior to his dismissal from service, he had filed an affidavit before the Supreme Court alleging that the Modi-led Gujarat government was complicit 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. In that case, the top court imposed costs of ₹10,000 last month after Bhatt had challenged a High Court order calling for a time-bound hearing..[Read Order]