The Supreme Court on Wednesday, 10 May, dismissed former IPS officer Sanjiv Bhatt’s petition seeking to adduce additional evidence in his criminal appeal at the Gujarat High Court. Bhatt has appealed his conviction and sentence in a custodial death case.
WHAT DID THE COURT SAY?
“Going through the impugned order of High Court (which had formerly denied him the request for adducing additional evidence) we find no reason to interfere with the same,” a bench of Justices MR Shah and CT Ravikumar said, as per Livelaw.
The bench added (as per Bar and Bench): “that the High Court decide the appeal strictly in accordance with law and on merits and on re-appreciation of entire evidence on record considered by the trial court and without being influenced by any of the observations made by High Court in impugned order.”
Shortly before this, Justice MR Shah had refused to recuse from hearing this case.
AND WHY DID HE SEEK A RECUSAL?
Appearing for Bhatt, Senior Advocate Devdatt Kamat had requested the recusal, reportedly on grounds that Justice Shah, as a Gujarat High Court judge, had passed strictures against Bhatt in hearings emanating from the same FIR.
Pointing out that the test is not whether the judge is actually biased or not, but whether there is a reasonable apprehension in the mind of a party of a likelihood of bias, Kamat submitted the long-standing dictum of:
"Justice is not only to be done, but also seen to be done.”
SO WHY WAS HIS PLEA REJECTED?
According to Livelaw, Justice Shah said that a short order has been passed declining the request. The order has not been uploaded yet.
IN OTHER NEWS…
Justice Shah is slated to retire on 15 May.
(With inputs from Livelaw and Bar and Bench.)
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