Sanjiv Bhatt moves Gujarat High Court against custodial torture charges in 1990 case

Former Indian Police Service (IPS) officer Sanjiv Bhatt has moved the Gujarat High Court by way of a revision plea challenging a Jamnagar sessions court's order for framing charges against him in a private complaint over allegations of custodial torture of a man [Sanjiv Rajendra Bhatt v Mahesh Danji Chitroda]

Justice RT Vachchani on October 15 adjourned Bhatt's plea to December 12 following a request by his counsel. The Court also made it clear that the trial court can go ahead with its proceedings.

"It is made clear that the pendency of this application shall not come in the way of the concerned Court in executing the sentence under the provisions of Section 418 of the Criminal Procedure Code and Section 458 of the Bhartiya Nyaya Sanhita, in accordance with law," it ordered.

A magistrate in 2024 had discharged Bhatt in the complaint case dating back to 1990. However, a sessions court later set aside the order and directed the trial court to frame charges against Bhatt, who is already serving sentences in two other cases related to his service in Gujarat.

The complainant Mahesh Damji Chitroda in his complaint has alleged that police officials had assaulted him in custody on the instructions of higher officials.

In the order for framing charges against accused, the sessions court on June 23 observed that the act of causing injuries was not part of duty of public servants and thus, no sanction was required to prosecute them.

It also noted that the case was delayed for over 30 years.

"The Criminal Case No. 93/1992 is hereby ordered to be restored to it’s Original File and it is further ordered to frame Charge for offence punishable under Section 323, 325, 114 of I.P.C. qua the Original Accused / Present Respondents and to proceed the trial in accordance with law," Additional Sessions Judge Rasikkumar V Mandani ordered.

Bhatt has challenged the same before the High Court.

[Read Order]