By Muslim Mirror staff
Shweta Bhatt , the wife of IPS officer Sanjiv Bhatt, who was dismissed for ‘unauthorised absence’ in 2015 and who this week became possibly the first IPS officer to be convicted for an alleged death in custody 30 years ago, took to Facebook on Thursday and appealed to the IPS Association to stand by her husband.
The personal appeal was followed by a statement alleging miscarriage of justice.
From Shweta Sanjiv Bhatt’s Facebook Wall:
“This is Shweta Sanjiv Bhatt.
The sessions court today sentenced Sanjiv to life imprisonment for a crime he did not commit. To all of you who have stood by Sanjiv as his pillar of support – your words of support are comforting and encouraging, but words without action will amount to nothing. your support will mean nothing if you let such travesty of justice happen to a man who has done nothing but serve his country and his people diligently.
To the IPS Association – today one of your very own has been vindictively persecuted for being a true IPS officer. You didn’t stand by him, you didn’t protect him … he keeps fighting his battle against this vindictive government, the question is till what end are you prepared to remain as silent spectators?
We as a nation are going through an extremely dark phase. We shall continue fighting till our last breath, the only thing remaining to see is whether we will be fighting a lone fight? or will the people of this sovereign democracy fight for a man who never stopped fighting for them?”
The following is the press release detailing the particulars of this case and the judicial miscarriage we have been subjected to:
On 24th October 1990, a major communal violence had broken out in different parts of Jamnagar city following the stoppage of L.K. Advani’s Rath Yatra in Bihar and his subsequent arrest.
At that time Shri Sanjiv Bhatt was posted as ASP Jamnagar Rural Division; wherein the district of Jamnagar was divided into three police divisions as Jamnagar City, Jamnagar Rural and Khambhalia.
Following the absence of Dy. Sp. Of Khambalia division who had proceeded on a sick leave, Shri Sanjiv Bhatt was handed over with additional charge of the Khambalia Division on 16th October 1990.
On 24th October 1990, the day of the mass break out of the communal riots in Jamnagar district, Mr. Pravin Gondia IPS proceeded on leave, following which Shri Sanjiv Bhatt was asked to immediately take over the additional charges of Jamnagar City Division as well and to prepare, implement and supervise the bandobast in Jamnagar city. Thus, on 24th October 1990, Shri Sanjiv Bhatt was officially holding charge of entire Jamnagar District and was effectively dealing with the communal violence in the city.
A call for Bharat Bandh on 30th October 1990 was given by Vishwa Hindu Parishad (VHP) and the Bhartiya Janta Party (BJP). Large scale communal violence was expected across the country during the Bandh call of 30th October 1990 and all communally sensitive states of India were put on high alert.
Following the break-out of communal violence on the 30th in Jamnagar, the Collector, District Magistrate, Mamlatdar and the Executive Magistrate of Jamjodhpur announced for immediate imposition of curfew in the entire town. While the implementation of curfew was yet to begin, the entire town was in the grip of violent miscreants who were spreading terror by indulging in targeted violence including loot and arson against individuals, shops, establishments and properties belonging to the minority Muslim community of Jamjodhpur.
The first priority of Shri Sanjiv Bhatt was to quell the riotous mobs and ensure strict enforcement of curfew to maintain peace, law and order. After handling various incidence of violence across the state, and having ensured enforcement of curfew, Shri Sanjiv Bhatt reached the Jamjodhpur Police station at around 1:30 pm on 30th October 1990, wherein he was informed by CPI Bhanvad that a total of 133 people including the deceased Prabhudad Madhavji Vaishnani had been arrested by the local police led by PSI Jamjodhour between 9:30 am and 12:15 pm from 15 separate incidents of mass communal violence and arson across the city under the single offence C.R. No. 96/90 registered under sections 147, 148, 336, 337, 395, 436, 151, 327, 452, 454, 455 of the IPC, Section 3-6 of the TADA Act and Section 135(1) of the Bombay Police Act.
The deceased, Prabhudas Madhavji Vaishnani was arrested by a team consisting of K.N. Patel, CPI, Bhanvad, PSI Thakor and Mahashankar Joshi hours before Shri Sanjiv Bhatt and his staff had reached the Jamjodhpur Police Station.
While the 133 persons including the deceased and his brother were being arrested for arson and communal violence, Shri Sanjiv Bhatt along with his staff were diligently dealing with riotous mobs in a different part of the city between 9:30 and 12:15 pm.
At no point in time were any of the arrested 133 persons including the deceased and his brother were in custody of Shri Sanjiv Bhatt or any of his staff. None of the arrested 133 persons including the deceased and his brother were interrogated by Shri Sanjiv Bhatt or any of his staff.
The complaint filed by Amrutlal Madjavji Vaishnani, an active member of the VHP/BJP falsely accusing Shri Sanjiv Bhatt, alleges that the arrested rioters were made to do sit-ups while in custody and were kept in an open chowk adjoining the police station.
It is to be noted that on being presented before the nearest Magistrate by the local police on the 31st October 1990, no complaint of torture or any grievance was made by the deceased Prabhudas Madhavji Vaishnani or any of the other 133 arrested rioters. The 133 rioters including Prabhudas Madhavji Vaishnani were sent to Judicial Custody on orders of the Magistrate and were to remain in jail till 8th November 1990.
No complaint of any grievance or torture was made by any of the arrested 133 rioters including the deceased Prabhudas Madhavji Vaishnani. Even after the rioters including Prabhudas Madhavji Vaishnani were released on bail, there was no complaint of torture or any grievance.
On 12th November 1990, owing to ill health Prabhudas Madhavji Vaishnani was taken to the hospital in Jamnagar and then Rajkot. During his visit to the hospital as well, no complaint of any grievance was made against Shri Sanjiv Bhatt.
On 18th November 1990, while undergoing treatment in Rajkot, Mr. Vaishnani passed away. The hospital records as well as the forensic postmortem records of Prabhudas Madhavji Vaishnani have noted that there were no internal or external indication of any injury/torture or any grievance.
30th October 1990, the day of the communal violence and the subsequent arrest of Prabhudas Madhavji Vaishnani, was only the 20th day of Shri Sanjiv Bhatt’s posting in Jamnagar. He did not know any of the persons arrested, let alone have a grudge against anyone.
The complaint filed against Shri Sanjiv Bhatt is a classic case of political vindictiveness, as the then Chief Minister of Gujarat Mr. Chimanbhai Patel was to face a vote of confidence in the Gujarat Assembly on 1st November 1990 and was very keen to ensure the support of Patel MLAs from the BJP as well as the INC.
Shri Sanjiv Bhatt’s refusal to remove the sections of TADA from an offence where majority of the arrested persons were from the Patel community was seen as a personal affront to the then Home Minister Narhari Amin and the then Chief Minister Chimanbhai Patel, both of whom happened to belong to the Patel community.
Shri Sanjiv Bhatt’s superiors in the Police Department as well as the Home department were fully aware that Shri Bhatt was being falsely victimized for having performed his duty with utmost sincerity and diligence. Hence the Home department Government of Gujarat decided to accord Shri Sanjiv Bhatt Legal Assistance vide Government of Gujarat Resolution No. MIS/1090/6152-B dated 9th January 1991. The investigation conducted by CID declared that there was no evidence found against Shri Sanjiv Bhatt, and the state government refused to give sanction to prosecute.
The State Government protected the police officers and Shri Bhatt in earnest up until 2011.
In 2011, Shri Sanjiv Bhatt was summoned as a commission-witness by the Justice Nanavati and Justice Mehta Commission inquiring into the riots of 2002, where Shri Bhatt truthfully deposed regarding the role of the then Chief Minister of Gujarat, other ministers and high-ranking officials in the 2002 riots of Gujarat.
Following Shri Bhatt’s deposition, there was an immediate withdrawal of the Revision Application filed by the State of Gujarat on the very same evening, and instructions were given the very next day to start the immediate prosecution of Shri Sanjiv Bhatt and other officers who were being duly protected by the Government of Gujarat till that date.
Since the commencement of the vindictive persecution, out of the 300 witnesses only 32 witnesses were examined. The complainant who sat silent from 1990-2012, suddenly became vigilant and engaged senior lawyers before the courts including the Supreme Court.
In a blatant miscarriage of justice, Shri Sanjiv Bhatt was not permitted to call in any defense witness. On having requested to summon Forensic Medicine Expert Dr. Reddy; the court in mockery, ordered at 12:30 pm for him to report in court by 3:00 pm on the very same day, despite knowing that he resides in Hyderabad and would require at least a day’s notice to make the commute. Thereby dismissing the request to examine a key defense witness. Moreover, the order to complete the trial was conducted ex-parte, without the knowledge and in absence of Shri Bhatt’s lawyers.
It is strange that how a death which occurred after 18 days of being out of custody; without any indications of internal or external trauma or injury, a death which was examined and reported by the forensic medicine experts to have no indication of torture or grievance, was declared to be a homicidal death.
There cannot be a more blatant example of vindictive persecution of totally innocent officers including Shri Sanjiv Bhatt and his staff who had performed their duties in an outstanding and exemplary manner during the most difficult phase of the communal rioting.
We shall be examining the order minutely once we receive it and we shall challenge it in the appropriate forum. Justice has not only been denied, but an innocent man has been persecuted for doing his duty with diligence.”