SC dismisses Sanjiv Bhatt’s plea seeking to submit addl evidence

The Supreme Court on Wednesday dismissed a plea by sacked IPS officer Sanjiv Bhatt to submit additional evidence to support his appeal in the Gujarat High Court against his conviction in a 1990 custodial death case.

Earlier in the day, the top court also rejected Bhatt’s plea seeking recusal of Justice M R Shah from hearing the matter.

Bhatt’s lawyer on Tuesday contended that there was a reasonable apprehension of bias as Justice Shah as a high court judge had castigated the petitioner while hearing his plea linked to the same FIR.

However, it was opposed by the counsel for the Gujarat government and the complainant who called it “forum shopping” and asked why he had not objected earlier.

An apex court bench of Justices M R Shah and CT Ravikumar said it was not inclined to interfere with the high court order. It asked the high court to dispose of the appeal filed by Bhatt in accordance with the law after reappreciation of the evidence considered by the trial court.

Bhatt had filed an appeal in the high court challenging his conviction in the case of the custodial death of Prabhudas Vaishnani, who was caught by Jamnagar police after a communal riot.

On Tuesday, senior advocate Devadatt Kamat, appearing for Bhatt, submitted that Justice Shah had passed strictures and castigated the petitioner while hearing Bhatt’s petition arising out of the same FIR as a high court judge.

“I have the highest respect for this court. But justice should not only be done but also seen to be done. Judicial propriety demands that your lordship may not hear the matter,” Kamat had said, adding that the issue is of reasonable apprehension of bias.