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Khambhalia case: Papers pile up against Sanjiv Bhatt

Bhatt, who is now at loggerheads with chief minister Narendra Modi, is facing a 21-year-old case of Jamnagar district relating to the death of a person allegedly due to police atrocity.

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The complainant of a criminal case filed against IPS officer Sanjiv Bhatt and other policemen has submitted plenty of documents in the sessions court in Khambhalia in Jamnagar district, to substantiate and strengthen his demand to frame charges against the police personnel.

Bhatt, who is now at loggerheads with chief minister Narendra Modi, is facing a 21-year-old case of Jamnagar district relating to the death of a person allegedly due to police atrocity. The incident had occurred in Jamjodhpur town when Bhatt was assistant superintendent of police (ASP) in Jamnagar.

Last month the case was revived against Bhatt and others as the complainant, Amrutlal Vaishnani, whose brother Prabhudas had allegedly died due to police atrocity, filed a plea to expedite the case.

On Tuesday, further hearing of the case was conducted before the court of additional sessions judge in Khambhalia, however, Bhatt was not present as he has to appear before the Nanavati commission for cross examination.

Meanwhile, Vaishnani on Wednesday produced bunch of documents in support of his 21-year-old case and argued that the court should frame charges against Bhatt and other accused cops as their application to quash the complaint and scrap the court proceedings have been turned down by the high court.

Even the Desai Commission that was formed to inquire in to the incident has also recommended taking action in the case.

“The documents were filed on behalf of the complainant of the case,” said Bimal Chotai, public prosecutor of the case. “They argued that the court should proceed further by turning down the government’s revision application against Jamjodhpur judicial magistrate’s order that gave green signal to start proceedings against the cops,” Chotai further said.

Meanwhile, the case was adjourned as Sanjiv Bhatt hired a new lawyer, SB Dhruv, who sought time for argument. Further hearing in the case has been posted on June 24.

According to case details, when the CID (crime) concluded its investigation in 1996 and sought mandatory sanctions (under section 197 of the Criminal Procedure Code) from the government to file a charge-sheet against Bhatt and others, the government refused to give sanction.

Therefore, the CID filed A-summary report in the magisterial court mentioning that the case cannot proceed further as the government had not given its permission to prosecute the policemen.

The magisterial court, however, did not accept the police report. The case was transferred to the sessions court for proceedings against the policemen. Then the state government filed a Revision Application before the sessions court, objecting to any proceedings against the policemen. The Revision Application was pending in court since then.

The case had resumed once earlier in 1996, 15 years after the incident in which, one Prabhudas Vaishnani who allegedly died of serious injuries sustained on the night of October 30, 1990 at a police station after he was thrashed by the police.

The alleged thrashing happened during the countrywide bandh on October 30, 1990, the call for which was given after BJP leader LK Advani was arrested in Bihar by the Lalu Yadav government during the Ayodhya rath yatra.

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