The apex court dismissed as withdrawn the petition filed by controversial Gujarat's IPS officer Sanjiv Bhatt. Bhatt was asking for removal of certain observation against him from the High Court's order in a matter relating to alleged custodial death 21 years ago.
The apex court refused to interfere with the High Court's order giving him liberty to challange the withdrawal of revision petition by the State of Gujarat.
In a matter of alleged custodial death in a riot case, Bhatt was made an accused but the State Government had filed the revision petition against the order of magistrate taking cognizance. But after the recent developments, the state had withdrawn the revision application. This action of the state government gave way to criminal proceedings to go on agiainst Bhatt.
A bench headed by Justice B S Chauhan refused to give any relief to Bhatt sayong he can move himself challenge the decision of the state government to withdraw the revision application.
Bhatt also wanted the protection that the observations made against him in the High Court order should not be used against him while the sessions court considers his application againt the move of the state government.
According to Bhatt, the Gujarat High court wrongly mentioned the death as custodial death. Bhatt also argued that the High Court presumed that the issue of taking Cognizance has been adjudicated upto the level of Supreme Court.