A Gujarat court has acquitted former Indian Police Service (IPS) officer Sanjiv Bhatt in a 1997 custodial torture case, citing lack of evidence and procedural lapses. The judgment was delivered by Additional Chief Judicial Magistrate (ACJM) Mukesh Pandya in Porbandar, marking another significant development in the legal battles faced by the controversial ex-officer.
The case against Bhatt involved allegations under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 330 (voluntarily causing hurt to extort confession or compel restoration of property), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). Bhatt was serving as Superintendent of Police in Gujarat at the time of the incident.
Court Cites Lack of Evidence and Procedural Flaws
In its detailed order, the court stated, “It is ordered that the accused person is hereby acquitted for offences under Sections 326, 330, 34 IPC for lack of evidence under the provision of Section 248 (1) of CrPC (Code of Criminal Procedure).” The judgment also pointed out that the prosecution failed to prove beyond a reasonable doubt that the complainant was coerced into confessing through threats or the use of dangerous weapons.
Additionally, the court noted that no requisite sanction had been obtained to prosecute Bhatt, who was a public servant performing official duties at the time. This procedural lapse further weakened the prosecution’s case.
Past Convictions Loom Large
While Bhatt has been acquitted in this case, he remains embroiled in legal troubles. In 2019, he was convicted and sentenced to life imprisonment in a 1990 custodial death case linked to the communal riots of 1989. A Jamnagar Sessions Court found him guilty of causing the death of a detainee.
In another case, Bhatt is serving a 20-year sentence after a Banaskantha sessions court convicted him under the Narcotics Drugs and Psychotropic Substances (NDPS) Act and the IPC for allegedly planting drugs to frame an innocent person.
The Acquittal’s Implications
The recent acquittal provides a temporary reprieve for Bhatt, who is currently in jail serving his sentences in other cases. While the Porbandar court did not pass any orders granting bail, the ruling highlights critical gaps in the prosecution’s case.
