Press statement - Shweta Bhatt

1. On 24th
October 1990, major communal violence had broken out in different parts of Jamnagar city
following the stoppage of L.K. Advani’s Rath Yatra in Bihar and his subsequent arrest. At that time
Shri Sanjiv Bhatt was posted as ASP Jamnagar Rural Division; wherein the district of Jamnagar was
divided into three police divisions as Jamnagar City, Jamnagar Rural and Khambhalia. Following
the absence of Dy. Sp. Of Khambalia division who had proceeded on a sick leave, Shri Sanjiv Bhatt
was handed over with additional charge of the Khambalia Division on 16th
October 1990. On 24th
October 1990, the day of the mass break out of the communal riots in Jamnagar district, Mr. Pravin
Gondia IPS proceeded on leave, following which Shri Sanjiv Bhatt was asked to immediately take
over the additional charges of Jamnagar City Division as well and to prepare, implement and
supervise the bandobast in Jamnagar city. Thus, on 24th
October 1990, Shri Sanjiv Bhatt was
officially holding charge of entire Jamnager District and was effectively dealing with the communal
violence in the city.
A call for Bharat Bandh on 30th
October 1990 was given by Vishwa Hindu Parishad (VHP) and the
Bhartiya Janta Party (BJP). Large scale communal violence was expected across the country during
the Bandh call of 30th
October 1990 and all communally sensitive states of India were put on high
alert. Following the break-out of communal violence on the 30th
in Jamnagar, the Collector, District
Magistrate, Mamlatdar and the Executive Magistrate of Jamjodhpur announced for immediate
imposition of curfew in the entire town. While the implementation of curfew was yet to begin, the
entire town was in the grip of violent miscreants who were spreading terror by indulging in targeted
violence including loot and arson against individuals, shops, establishments and properties
belonging to the minority Muslim community of Jamjodhpur.
The first priority of Shri Sanjiv Bhatt was to quell the riotous mobs and ensure strict enforcement of
curfew to maintain peace, law and order. After handling various incidence of violence across the
state, and having ensured enforcement of curfew, Shri Sanjiv Bhatt reached the Jamjodhpur Police
station at around 1:30 pm on 30th
October 1990 and was informed by CPI Bhanvad that a total of
133 people including the deceased Prabhudad Madhavji Vaishnani had been arrested by the local
police led by PSI Jamjodhour between 9:30 am and 12:15 pm from 15 separate incidents of mass
communal violence and arson across the city under the single offence C.R. No. 96/90 registered
under sections 147, 148, 336, 337, 395, 436, 151, 327, 452, 454, 455 of the IPC, Section 3-6 of the
TADA Act and Section 135(1) of the Bombay Police Act.
The deceased Prabhudas Madhavji Vaishnani was arrested by a team consisting of K.N. Patel, CPI,
Bhanvad, PSI Thakor and Mahashankar Joshi before Shri Sanjiv Bhatt and his staff had reached
the Jamjodhpur Police Station. While the 133 persons including the deceased and his brother were

2. being arrested for arson and communal violence, Shri Sanjiv Bhatt along with his staff were
diligently dealing with riotous mobs in a different part of the city between 9:30 and 12:15 pm.
At no point in time were any of the arrested 133 persons including the deceased and his brother
were in custody of Shri Sanjiv Bhatt or any of his staff. None of the arrested 133 persons including
the deceased and his brother were interrogated by Shri Sanjiv Bhatt or any of his staff.
The complaint filed by Amrutlal Madjavji Vaishnani, an active member of the VHP/BJP falsely
accusing Shri Sanjiv Bhatt, alleges that the arrested rioters were made to do sit-ups while in custody
and were kept in an open chowk adjoining the police station. It is to be noted that on being
presented before the nearest Magistrate by the local police on the 31st
October 1990, no complain
of torture or any grievance was made by the deceased Prabhudas Madhavji Vaishnani or any of the
other 133 arrested rioters. The 133 rioters including Prabhudas Madhavji Vaishnani were sent to
Judicial Custody on orders of the Magistrate and were to remain in jail till 8th
November 1990. No
complaint of any grievance or torture was made by any of the arrested 133 rioters including the
deceased Prabhudas Madhavji Vaishnani by Shri Sanjiv Bhatt or any other police personnel. Even
after the rioters including Prabhudas Madhavji Vaishnani were released on bail, no complaint was
filed against Shri Sanjiv Bhatt.
On 12th
November 1990, owing to ill health Prabhudas Madhavji Vaishnani was taken the hospital
in Jamnagar and then Rajkot. During his visit to the hospital as well, no complaint of any grievance
was made against Shri Sanjiv Bhatt. On 18th
November 1990, while undergoing treatment in Rajkot,
Mr. Vaishnani passed away. The hospital records as well as the forensic postmortem records of
Prabhudas Madhavji Vaishnani have noted that there were no internal or external indication of any
injury/torture or any grievance.
The complaint of custodial torture was made by Amrutlal Madjavji Vaishnani who also happens to
be an active member of the VHP/BJP after the demise of the Mr. Prabhudas Madhavji Vaishnani
30th
October 1990, the day of the communal violence and the subsequent arrest of Prabhudas
Madhavji Vaishnani, was only the 20th
day of Shri Sanjiv Bhatt’s posting in Jamnagar. He did not
know any of the persons arrested, let alone have a grudge against anyone.
The complaint filed against Shri Sanjiv Bhatt is a classic case of political vindictiveness, as the then
Chief Minister of Gujarat Mr. Chimanbhai Patel was to face a vote of confidence in the Gujarat
Assembly on 1st
November 1990 and was very keen to ensure the support of Patel MLAs from the
BJP as well as the INC. Shri Sanjiv Bhatt’s refusal to remove the sections of TADA from an offence

3. where majority of the arrested persons were from the Patel community was seen as a personal
affront to the then Home Minister Narhari Amin and the then Chief Minister Chimanbhai Patel, both
of whom happened to belong to the Patel community.
Shri Sanjiv Bhatt’s superiors in the Police Department as well as the Home department were fully
aware that Shri Bhatt was being falsely victimized for having performed his duty with utmost
sincerity and diligence. Hence the Home department Government of Gujarat decided to accord Shri
Sanjiv Bhatt Legal Assistance vide Government of Gujarat Resolution No. MIS/1090/6152-B dated
9th
January 1991. The investigation conducted by CID declared that there was no evidence found
against Shri Sanjiv Bhatt, and the state government refused to give sanction to prosecute.
The State Government protected the police officers and Shri Bhatt in earnest up until 2011. In 2011,
Shri Sanjiv Bhatt was summoned as a commission-witness by the Justice Nanavati and Justice
Mehta Commission inquiring into the riots of 2002, where Shri Bhatt truthfully deposed regarding
the role of the then Chief Minister of Gujarat, other ministers and high-ranking officials in the 2002
riots of Gujarat. Following Shri Bhatt’s deposition, there was an immediate withdrawal of the
Revision Application filed by the State of Gujarat on the very same evening, and instructions were
given the very next day to start the immediate prosecution of Shri Sanjiv Bhatt and other officers
who were being duly protected by the Government of Gujarat till that date.
Since the commencement of the vindictive persecution, out of the 300 witnesses only 32 witnesses
were examined. The complainant who sat silent from 1990-2012, suddenly became vigilant and
engaged senior lawyers before the courts including the Supreme Court. In a blatant miscarriage of
justice, Shri Sanjiv Bhatt was not permitted to call in any defense witness. On having requested to
summon Forensic Medicine Expert Dr. Reddy; the court in mockery, ordered at 12:30 pm for him
to report in court by 3:00 pm on the very same day, despite knowing that he resides in Hyderabad
and would require at least a day’s notice to make the commute. Thereby dismissing the request to
examine a key defense witness. Moreover, the order to complete the trial was conducted ex-parte,
without the knowledge and in absence of Shri Bhatt’s lawyers.
Shri Sanjiv Bhatt today was convicted for a crime he did not commit and under S. 302 of the IPC
was given life imprisonment for being an upright officer and doing his duties diligently, irrespective
of political pressure.

4. It is strange that how a death which occurred after 18 days of being out of custody; without any
indications of internal or external trauma or injury, a death which was examined and reported by
the forensic medicine experts to have no indication of torture or grievance, was declared to be a
Homicidal death.
There cannot be a more blatant example of vindictive persecution of totally innocent officers
including Shri Sanjiv Bhatt and his staff who had performed their duties in an outstanding and
exemplary manner during the most difficult phase of the communal rioting.
We shall be examining the order minutely once we receive it and we shall challenge it in the
appropriate forum. Justice has not only been denied, but an innocent man has been persecuted for
doing his duty with diligence.