A metropolitan court on Wednesday sent former IPS officer Sanjiv Bhatt to police remand for seven days in connection with an FIR registered on June 24 based on the Supreme Court's observation for allegedly fabricating evidence to seek conviction of accused in 2002 post Godhra riot cases.
The Special Investigation Team (SIT), which arrested Bhatt from Palanpur jail a day before, produced him before a metropolitan court and sought 14 days' remand. The magistrate M V Chauhan granted the SIT custody till July 20. The SIT has already arrested Mumbai-based activist Teesta Setalvad and former Gujarat DGP R B Sreekumar. Both are lodged at Sabarmati Central Jail and their bail pleas are pending.
Seeking Bhatt's custody, the SIT said in its remand application that it wanted to question Bhatt why he filed the affidavit claiming that he attended the meeting on February 27, 2002 at chief minister's residence. The application claims, "the truth is that he never attended that meeting."
This is the meeting where, according to Bhatt's affidavit filed in Supreme Court and Nanavati Commission, then chief minister Narendra Modi had said, "to let Hindus vent their anger" after burning of Sabarmati Express train at Godhra station. The incident had triggered widespread communal riots in the state.
The SIT has stated that it wanted to question Bhatt to find out how and when he came in contact with Setalvad and Sreekumar and "as part of a criminal conspiracy created the false affidavit." The remand plea stated that Bhatt was needed to be questioned to find out "locations and resources" used in creating the "fabricated documentary evidence."
The remand plea, filed by Assistant Commissioner of Police, B C Solanki, stated that it wanted to find out from Bhatt about the emails sent to "Inquiry commission, home department, Gujarat government and Special Investigation Team (Godhra riot cases) on different dates" his Gmail ID.
It also states that the SIT was required to question Bhatt about his meetings with "political leaders" along with co-accused Setalvad" despite being class-1 officer.
During the hearing of the remand plea, advocate Anand Yagnik, who appeared for Bhatt, opposed the remand plea while arguing that the FIR itself was not maintainable. He argued that the Supreme Court remarks, based on which the FIR was registered, was only "parting observation and not direction."
Besides, Yagnik told the court that in the past neither the apex court nor the Supreme Court appointed-SIT directed for filing FIR against him.
Bhatt has been behind bars ever since his arrest in September 2018 for framing a Rajasthan-based lawyer in a narcotics case. In 2019, he was sentenced to life imprisonment in the Jamanagar custodial killing case.
The fresh FIR was registered following the apex court's observations against Teesta and others while dealing with Zakia Jafri's appeal petition challenging clean chit to PM Narendra Modi and others from the riots. Zakia, wife of ex-Congress MP Ahsan Jafri killed in Gulberg Society massacre in the riots, had sought investigation against state functionaries including the then chief minister.
The top court while dismissing her plea had said "those who had kept the pot boiling" with an "ulterior motive" for the past 16 years should be in the dock and be "proceeded with in accordance with the law".