The Supreme Court of India, on Friday, February 28, 2025, reserved its order on the plea filed by former Gujarat IPS officer Sanjiv Bhatt, who sought suspension of the life sentence imposed on him in a custodial death case from 1990.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the application, which was filed under a Special Leave Petition (SLP). The petition challenges the Gujarat High Court’s January 2024 ruling that dismissed Bhatt’s appeal against his conviction and sentence.

Senior Advocate Kapil Sibal, representing Sanjiv Bhatt, argued that his client had already been in custody for over five years. He emphasized that there was no substantial evidence to convict Bhatt and pointed out that medical reports indicated the deceased, Prabhudas Madhavji Vaishnani, died due to pre-existing medical conditions rather than custodial torture. He further noted that the victim died nearly twenty days after his release, raising doubts about the direct correlation with alleged police action. Despite meeting his family doctor after being released, the victim never reported police torture.

“If this kind of trials take place, where will the country go? All I am asking for is bail,” Sibal argued before the bench.

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Senior Advocate Maninder Singh, appearing for the State of Gujarat, countered the arguments by asserting that medical evidence clearly linked the victim’s renal failure to custodial torture. According to the prosecution, Vaishnani was forced to perform continuous sit-ups and crawling throughout the night, which resulted in fatal kidney damage. Singh further argued that Bhatt is already serving a 20-year sentence in another case related to planting drugs to falsely implicate a person. Given the available evidence and Bhatt’s prior convictions, there were no grounds to suspend his sentence, Singh contended.

The court was reminded that Bhatt had previously approached the Supreme Court seeking suspension of his sentence while his appeal was pending in the Gujarat High Court. Those petitions were dismissed. Advocate Vanshaja Shukla, representing the deceased’s brother, stated that justice was delivered nearly thirty years after the incident and emphasized that courts must ensure the rights of victims are protected.

The case dates back to November 1990, when Prabhudas Madhavji Vaishnani allegedly died due to custodial torture. At the time, Bhatt was the Assistant Superintendent of Police in Jamnagar, where he detained 133 individuals, including Vaishnani, for rioting during a Bharat Bandh protest. Vaishnani was held in custody for nine days and died ten days after being released on bail. His cause of death was recorded as renal failure. Following his death, an FIR was registered against Bhatt and other officers on allegations of custodial torture.

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Legal proceedings began in 1995 when the Magistrate took cognizance of the case. However, the trial remained delayed due to a Gujarat High Court stay until 2011. Once the stay was lifted, the case proceeded to trial. In June 2019, a Sessions Court in Jamnagar convicted Bhatt and police constable Pravinsinh Zala under IPC sections 302 (murder), 323 (voluntarily causing hurt), and 506(1) (criminal intimidation), sentencing them to life imprisonment. Several other officers were also convicted under lesser charges related to custodial torture. In January 2024, the Gujarat High Court upheld their conviction, with the bench stating,

“The reasoning provided by the Jamnagar Court is sound, and there is no justification for interference.”

With the Supreme Court now reserving its order on Bhatt’s plea, the case continues to be a significant legal battle, reflecting the challenges surrounding custodial justice and long-pending judicial proceedings.

Case : SANJIV KUMAR RAJENDRABHAI BHATT v THE STATE OF GUJARAT AND ANR. | SLP(Crl) No. 11736/2024