Supreme Court Judge Justice MR Shah refuses to abstain from the hearing of Sanjiv Bhatt’s appeal
Last Updated on March 2, 2023 by Administrator
Written By – Nikita Shankar
Issue: Sanjiv Bhatt, a former member of the Indian Police Service, filed a criminal appeal in the Gujarat High Court appealing his conviction in the 1990 case of a custodial death, and Supreme Court Justice M.R. Shah stated he would not disqualify himself from hearing the appeal.
Facts of the case: After holding him responsible for the killing of Prabhudas Madhavji Vaishnani in 1990, the Sessions Court in Jamnagar, Gujarat, sentenced Bhatt to life in prison in July 2019. In order to buttress his claim that Prabhudas’ death was not caused by the purported sit ups the police allegedly had him perform forcibly, he had filed an application with the trial court asking to provide expert testimony from one doctor. It had been denied by the trial court. Bhatt filed a request for expert testimony under Section 391 of the Criminal Procedure Code in the criminal appeal before the Gujarat High Court. The request was rejected on August 24, 2022. In front of the Supreme Court, the same has recently been contested.
Arguments: Judge Shah refused to withdraw from hearing the case after the Bench rejected the request of postponement.
Reasoning: Can the fact that some order was passed earlier than 10 years serve as a basis for seeking recusal? Recusal was requested due to Justice MR Shah’s involvement in some aspects of the case while serving as a judge on the Gujarat High Court.
Provisions used in the case: Section 391 Cr.P.C.
Case Title: Sanjiv Kumar Rajendrabhai Bhatt v. State of Gujarat
Written By: Nikita Shankar
Instagram Id: @nikitaashankar
