Sanjiv Bhatt Custodial Death Case : Kapil Sibal Seeks Consideration Of Pending Review First

Kapil Sibal suggested that it is better if the court hears that review first and consider the present plea in open court.
Sanjiv Bhatt

The Supreme Court on Wednesday adjourned the hearing of the petition filed by former IPS officer Sanjiv Bhatt to suspend his sentence in a custodial death case of 1990, at the request of his lawyer Senior Advocate Kapil Sibal.

A Bench comprising Justices Ashok Bhushan, MR Shah and R Subhash Reddy granted adjournment for six weeks after Kapil Sibal suggested that it is better for the court to first consider the pending review against the June 2019 order which dismissed the ex-IPS officer’s plea to examine additional witness in the trial.

He submitted that this was a case of “mistrial” and “travesty of justice”.

This is case of complete mistrial”, he told the bench. “I am saying that this is a case of complete mistrial because my witnesses have not been called.

How 23 witnesses have been examined?. I am not on merits at all. I am telling you the procedure adopted. It is binding on every court”, he said.

“Out of 300 witnesses, they called only 37”, the senior lawyer added.

He informed the bench that the Supreme Court had dismissed Bhatt’s plea for examination of additional witnesses in June 2019 and that review against that order is pending. He suggested that it is better if the court hears that review first and consider the present plea in open court.

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