Behind the bars for 17 days, suspended Indian Police Service officer Sanjiv Bhatt, locked in a confrontation with Chief Minister Narendra Modi over the 2002 Gujarat riots, was on Monday released on bail by a sessions court which expressed "reasonable doubts" about the case in which he was arrested.
Sessions judge V K Vyas, hearing the case, observed that prima facie he had doubts on the contents of the first information report by constable K D Pant, based on which Bhatt was arrested on September 30.
According to the FIR, Bhatt had allegedly threatened Pant and made him sign a false affidavit with regard to the IPS officer's presence in the February 27, 2002 meeting called by the chief minister after the Godhra train burning incident.
The court said that while deciding on a bail plea it is a set rule that the authenticity and believability of the complaint has to be ascertained first. "Prima facie, there was reasonable doubt about the case of the complainant (Pant), which says that he was wrongly confined, restrained and threatened, forced to sign affidavit without reading the contents that were different from the what he was told about," the court observed in the order.
Pant's affidavit before the executive magistrate against Bhatt and late filing of complaint, his flip-flop regarding his presence in Gujarat on February 27, 2002, led the court to doubt the FIR itself.
The court was also dismissive of state government's apprehension that Bhatt could tamper with evidence if released on bail, saying he could hardly do that since most of the evidence have been recorded and preserved on video tape or placed before the court and thus safe.
Bhatt had moved bail application on October 3, which was opposed by the state government. He was granted bail on a bond of Rs 10,000 on the condition that he would not try to contact witnesses or intimidate them, either through other people or by telephone, and will not leave the country without court's permission. He was also directed to submit his passport to the court.
Walking out of the Sabarmati central jail after his release, a relaxed Bhatt said the rule of law has prevailed. "I am happy that the rule of law has prevailed. It is a victory for the victims of the state-sponsored riots. My
stay in jail was like a sabbatical. I am still resolute for my cause and the cause is much bigger than me," he told the media gathered outside the prison.
Bhatt received an emotional welcome at his residence in Memnagar by wife Shweta Bhatt and their two children, other family members and relatives. A relieved Shweta thanked all those who stood by Bhatt's family.
"We had faith in judiciary and now it has been proved right. I thank all those who have stood by us," said Shweta, who had written a letter to Home Minister P Chidambaram urging him to ensure that no harm is caused to her husband.
Union Law Minister Salman Khurshid said the court order showed the "independence" of the legal system. "No matter how much people speculate and put question marks, ultimately and repeatedly we have shown our system is independent and it does not get swayed either by public opinion or by any kind of pressure," he told reporters in New Delhi.
In his order, the judge dealt with all of government's allegations against Bhatt and rejected most of them.
Regarding Pant's accusation of illegal detention, the court observed that he had ample opportunities on various occasions to leave the place, but there was no effort on his part to escape.
The court also did not believe Pant's contention that the draft of affidavit was already prepared at advocate V H Kanara's office. "If the accused and lawyer together had already prepared draft of false affidavit, the process should not last long from midnight to morning," the judge said.
The court also doubted Pant's claim that he had signed the affidavit without reading. "Pant has studied up to second year of BBA in English medium. He is a senior policeman working with intelligence branch for a long time. It is not prima facie believable that he signed the affidavit under pressure from an officer, who is under suspension. Records create doubts on his complaint," the court observed."
On state government's claim of involvement of Congress state unit president Arjun Modhvadia in the case, the court said, "No evidence is put on record to show what transpired during the talks between Kanara and Modhvadia. There is no printout of SMSes placed before this court on basis of which any conclusion can be drawn on his involvement."
The court also dismissed state government's argument that Bhatt was a habitual offender with criminal antecedents.
