The petition was filed by Amrutlal Vaishnani, brother of Prabhudas Vaishnani who, in 1990, died due to alleged torture in custody by Bhatt and other policemen.
A bench of the Supreme Court on Tuesday refused to hear a petition on a priority basis filed against suspended IPS officer Sanjiv Bhatt. The petition was filed by Amrutlal Vaishnani, brother of Prabhudas Vaishnani who, in 1990, died due to alleged torture in custody by Bhatt and other policemen.
Amrutlal had filed the petition challenging the Gujarat high court order that gave Bhatt an opportunity to put his side before the court in Jamjodhpur (Jamnagar) prior to the framing of charges against him.
In his petition filed in the Apex Court through his lawyer, Amurtlal had sought urgent hearing of the matter. But the court refused to hear his plea as the petition did not have a copy of the order passed last week by Justice AS Dave of the Gujarat high court.
“We opposed the hearing of the petition as a copy of the Gujarat high court verdict in the matter is not available yet. The petitioner had filed his petition in the Apex Court without attaching a copy of the order. Hence it was not heard,” said IH Syed, counsel for Sanjiv Bhatt.
Syed further said that the Supreme Court bench had taken a strict view of the matter and was not inclined to hear the plea without a copy of the high court judgment.
Earlier, Bhatt had filed an appeal in the Gujarat high court challenging the order of the Jamjodhpur court which had refused him permission to file a revision application and had not given him the opportunity to be heard prior to the framing of charges. The Jamjodhpur court had ordered framing of charges against Bhatt in the 21-year-old custodial torture case.
Bhatt can now file a revision petition along with the high court order and submit arguments in his defence.
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