The Supreme Court of India on Tuesday dismissed a bail plea filed by former IPS officer Sanjiv Kumar Bhatt, who is currently serving a life sentence in a 1990 custodial death case. The decision was taken by a bench comprising Justices Vikram Nath and Sandeep Mehta, who also directed that Bhatt’s pending appeal be expedited for hearing.

SC Denies Relief, Emphasises Limited Scope of Observations

In its order, the Supreme Court stated that the denial of bail should not be seen as an opinion on the merits of the case or the appeal. Justice Mehta clarified:

“We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein are restricted to the prayer for bail only and will have no bearing on the appeals.”

This clarification indicates that while Bhatt’s bail plea is dismissed, the court remains open to objectively hearing the appeals filed by Bhatt and co-accused, without any prejudice from the current order.

Background of the Custodial Death Case

The case against Sanjiv Bhatt dates back to November 1990, when he was serving as Additional Superintendent of Police (ASP) in Jamnagar, Gujarat. During this time, communal tensions had erupted in Jamjodhpur town, following which Bhatt detained 133 individuals under the stringent Terrorist and Disruptive Activities (Prevention) Act (TADA).

One of the detainees, Prabhudas Vaishnani, was released but later died in hospital, allegedly due to torture in police custody. The deceased’s brother, Amrutlal Vaishnani, filed a complaint alleging custodial death.

Course of Investigation and Prosecution

After the complaint, the case was handed over to the Criminal Investigation Department (CID), Gandhinagar. In 1995, the CID filed an A-summary report (closure report), citing lack of government sanction to prosecute Bhatt.

However, the Jamnagar court rejected the closure report, deciding instead to take cognisance of the offence and proceed with framing charges against Bhatt and six other policemen.

State Withdrew Protection After Bhatt's 2002 Riot Testimony

Interestingly, the case saw renewed momentum after Sanjiv Bhatt’s deposition before the Nanavati and Mehta Commissions in 2011, which were investigating the 2002 Gujarat riots. His testimony was critical of the state’s handling of the riots, and soon after, the Gujarat government withdrew protection previously granted to him under service rules.

With protection withdrawn, prosecution against Bhatt gained pace, leading to charges being framed and the eventual conviction.

Life Imprisonment Verdict in 2019

In June 2019, a sessions court in Jamnagar found Bhatt guilty and sentenced him to life imprisonment for his role in the custodial death. This verdict was later upheld by the Gujarat High Court, further cementing the seriousness of the charges and the evidence presented.

Current Appeal and Supreme Court’s Position

While Bhatt is serving his sentence, he had moved the Supreme Court seeking bail on grounds of ongoing appeal and time already spent in jail. However, the apex court refused to grant interim relief.

It’s notable that the court did not delve into the merits of the appeal, which is now scheduled to be expedited for hearing, ensuring that a final decision on guilt or acquittal is taken swiftly.

Who is Sanjiv Bhatt?

Sanjiv Bhatt is a former Indian Police Service (IPS) officer who gained national attention for his criticism of the Gujarat government during and after the 2002 riots. His open stance against the administration made him a controversial figure, with numerous legal and departmental cases against him surfacing in later years.

Apart from the custodial death case, Bhatt has also been entangled in matters of alleged drug planting, unauthorised absence from duty, and misuse of official position.

Relevance of the TADA Act and the Riot Context

The TADA Act, under which the detentions were carried out, was a controversial anti-terrorism law that permitted wide powers of arrest and detention. Human rights activists often criticised its misuse, especially in communally sensitive areas like Gujarat during the 1990s.

The Jamnagar incident of 1990 must be viewed against the larger backdrop of communal tension in Gujarat, a state that has seen frequent outbreaks of violence in its post-independence history.

Legal Significance and Public Perception

The Supreme Court’s decision to deny bail, even after significant time has passed since the conviction, underscores the gravity of custodial violence cases in India. It also reflects the judiciary’s willingness to allow the law to take its course, despite the political and media attention surrounding the individual.

On the other hand, many human rights organisations and activists have maintained that Bhatt’s conviction is politically motivated, particularly in light of his statements against powerful political figures.

Conclusion

To summarise:

• Sanjiv Bhatt will continue to remain in jail as per the Supreme Court’s latest ruling.

• The Supreme Court has ordered that his appeal be heard on a priority basis, giving some hope for a quicker resolution.

• The custodial death case continues to evoke debate over accountability, custodial rights, and judicial fairness in high-profile matters.

This case is not just about a single death in custody—it also raises critical questions about justice, political retribution, and institutional independence in India.

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