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On Thursday, the SC bench headed by Chief Justice RanjanGogoi dismissed the plea filed on behalf of former Gujarat cadre IPS Officer Sanjiv Bhatt’s wife challenging his arrest in relation to a 1996 drug planting case.
The bench, also comprising of Justices S. K. Kaul and K. M. Joseph, did not deem it appropriate to intervene at this stage, despite the matter having been shoved in the cold storage for several years, in view of the “highly contentious facts” involved.
The bench wasn’t even impressed by the claim on behalf of the petitioner’s counsel that the case in connection with which Bhatt has been detained has already been investigated and the proceedings were stayed by the SC.
The contention put forward by the counsel that Bhatt was not permitted to sign the ‘Vakalatnamah’ following his arrest by reason of which his wife was compelled to move the court also did not hold water with the bench in view of the ex- IPS officer now being placed under judicial custody. Senior Advocate MukulRohatgi, appearing for the state of Gujarat, also advanced that Bhatt was allowed to meet with his family and lawyers while in custody and the same was proved by the CCTV footages.
However, the bench granted him the liberty to seek regular bail and that his right to move the HC would not be affected by the dismissal of the present petition.
A bench, comprising of Chief Justice Gogoi (then not the CJI) and Justice Navin Sinha, had on September 24 issued a notice to the State of Gujarat on the petition filed by Ms. Shweta Bhatt. The bench put emphasis on the gravity of the allegation made by Ms. Bhatt, asserting that it raises the issue of a substantial importance as it involves the State virtually preventing citizens from approaching the apex court.
Mr. Bhatt, in the 22-year-old drug planting case, has been in the custody of Gujarat CID since September 5. The Gujarat HC had also, earlier this month, allowed Gujarat police’s revision application for taking him into 10 days police custody.
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