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The Supreme Court dismissed the plea by former IPS officer Sanjiv Bhatt to examine additional witnesses in case where the death of Prabhudas Mashavji Vaishnani due to custodial torture. At the time Bhatt was the Assistant Superintendent of police, Jamnagar, who, along with other officers, took into custody about 133 persons, including Vaishnani, for rioting during a Bharat Bandh. Vaishnani, who was kept in custody for 9 days, died 10 days after release on bail. As per medical records, the cause of death was renal failure. Later FIR was registered against Bhatt and few others officers for custodial torture.
Magistrate has taken the case in 1995. However, due to the stay by Gujarat HC the trail remained stay till 2011 later the stay was relinquished and trail commenced.
Bhatt alleged that although nearly 300 witnesses only 32 were actually examined in trail, leaving out witnesses who denied any incident of custodial violence, 3 police men who were part of team andmany other crucial witnesses, stated by Bhatt and pleaded for the examination u/s 233 and 311, CrPC of additional witnesses
It was countered by the opposite party, Gujarat government that the examination –in -chief and cross examination of all prosecution witnesses has been duly conducted, the final arguments completed and the judgment has been reserved.
The application of accused is dismissed by magistrate. This was challenged in the HC, which partially allowed the application by permitting the examination of three investigating officers and HC said that other witnesses could be called as defense witnesses u/s 232 CRPC.
The officer approached the SC against the order of Gujarat HC which did not fully allow his application u/s 311, CrPC. The vacation bench of Justices Indira Banerjee and Ajay Rastogi said that a three-judge bench has already passed an order of dismissal on a similar plea and therefore it cannot interfere. The observed that application were part of delaying tactics and directed the trail court to complete the trail by June 20.
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