New Delhi [India], May 10 : The Supreme Court on Wednesday declined the plea filed by ex-IPS officer Sanjiv Bhatt seeking to adduce additional evidence in the appeal he filed in the Gujarat High Court challenging his conviction in a custodial death case.
A bench of justices MR Shah and CT Ravikumar dismissed the plea filed by Sanjiv Bhatt. Bhatt's lawyer has taken the top court through the deposition of three witnesses who were doctors.
The court observed that it is required to be noted that, as such, the deposition of the said witnesses was as such considered by the trial court after all those three witnesses were thoroughly cross-examined. Now the deposition of the 3 witnesses is to be considered and re-appreciated by the High Court at the time of deciding the Appeal, it said.
"Having gone through the impugned order passed by the High Court, we see no reason to interfere with the same in the exercise of powers under Article 136 of the Constitution of India," the top court said.
"Any observations by this Court on the deposition of the aforesaid 3 witnesses may ultimately affect the case of either party in the Appeal, which is yet to be considered by the High Court. Therefore, the Special Leave Petition stands dismissed", the order stated.
"However, it is observed that the High Court to finally decide and dispose of the Appeal strictly in accordance with the law and on merits and on re-appreciation of the entire evidence on record which was considered by the trial Court and without in any way influenced by any of the observations made by the High Court in the impugned order so far as the cause of death is concerned and any observations made by the High Court in the impugned order shall be confined to deciding the application under Section 391 CrPC only," the top court noted.
"With this, the present Special Leave Petition stands dismissed/disposed of," the top court said.
Earlier in the morning, the Supreme Court declined ex-IPS officer Sanjiv Bhatt's plea seeking the recusal of Justice MR Shah from hearing his case.
A Gujarat court in June 2019 sentenced former Sanjiv Bhatt to life imprisonment in another custodial death case dating back to 1990.
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