A tough legal battle has occurred after the suspended IPS officer Sanjiv Bhatt's arrest and the subsequent refusal of the magistrate court's order to allow his custodial interrogation by the police. The State Government has appointed Gujarat High Court's senior lawyer, S V Raju, to oppose Bhatt's bail plea.
Interesting part is that, both the parties are opposing each other on the basis of their views on whether or not a higher court can hear an appeal against a magistrate court's order in the matter of remand of an accused.
Two major developments have taken place after Bhatt's arrest. Bhatt has filed a petition seeking for his release bail; the government has challenged the magistrate court's order refusing the police custody of the IPS officer.
Bhatt's lawyer, Saiyad has contended that the government cannot file a revision petition against the magistrate's court order. The state government, on the other hand, has filed an application stating that the court cannot proceed with the hearing of the bail plea as its revision application seeking Bhatt's custody on police remand is pending.
Saiyad, while opposing the revision application, argued that the issue is whether the order of the magistrate court regarding remand can be challenged in higher courts.
Saiyad argued that the issue is pending before the high court for final decision. Till the issue is finally decided by the larger bench, the court has specifically directed the subordinate courts to adjourn the cases.
Meanwhile, Judge VK Vyas, heard Bhatt's bail plea on Tuesday, appearing on behalf of the state, SV Raju opposed the IPS officer's bail plea.
News reported by AR for newsvision
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