Thread by @barandbench

Supreme Court to shortly deliver verdict on application by former Gujarat IPS officer Sanjiv Bhatt seeking recusal of Justice MR Shah from hearing a pending case of his.

Justice Shah had earlier orally remarked against recusing.

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Bhatt in his plea has sought permission to produce additional evidence before Gujarat HC in his appeal against conviction in a custodial death case.

He argued that issue was apprehension of bias since Justice Shah had while being a HC judge heard matter arising out of same FIR.

Court: We have passed a speaking order.. declined.

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Senior Advocate Kamat argues: The short point is whether the High Court erred in rejecting my application under 319.

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Kamat gives background on the facts of the case.

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Kamat: Kindly see the reports of the hospital where he (deceased) was admitted. His urea levels were unusually high. Post mortem says no injury or milosis.

SC: All of these were exhibited and considered by courts below no?

Kamat: yes.

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SC: We are refraining from saying anything since appeal is pending.

Justice Shah: All these documents would have been put to you at trial, it is not that it is not available. This would be reappropriation of evidence in Appellate stage.

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Kamat: Person (Dr) is based in Hyderabad. Trial court at 10 said bring him by three. It was physically impossible.

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Kamat: We had asked for two days time (to bring the doctor).

SC: Thereafter, actual trial conducted when? When was evidence closed?

Kamat gives details.

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Court: Why do you want to examine this doctor?

Kamat: He is an expert.

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Court: All the three doctors were examined on which date?

Kamat: Much earlier. The reason why I want this.. I will demonstrate that this evidence cannot be believed.

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Kamat: The High Court has gone in length about how I have delayed the trial.

Court: To be very frank, you are not prejudiced. We do not go into detail. Broadly we consider.

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Kamat: What is the prejudice caused to prosecution?

Court: You should have stated during trial..

Kamat: Ultimately, 391.. if it is relevant..

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Court: We can observe one thing.. that those aspects be kept open.

Kamat: It is already open. High Court anyway has to decide the appeal.

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Kamat takes court through evidence.

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Kamat: I ask myself, how is this opinion not relevant?

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Kamat: Directly contrary to this report, is the evidence.

Kindly have a look at just three documents.. I just want to show that there is one opinion of a doctor that the trial court found relevant.

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Court: These witnessed was cross-examined by you. Now, it is for the court to decide whether it is believable or not. We are not the appellate court.

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Court: If we opine something.. then, your entire appeal is allowed! One word...

Kamat: The High Court says there is enough evidence to say this is a case of renal failure rhabdomyolysis.

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Court: We'll take care.

Senior Advocate Kamat concludes.

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Court passes order: Counsel for the petitioner has taken us through the deposition of three witnesses. However, it is required to be noted that the deposition of the witnesses was considered by trial court in detail.

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Court: Now, the deposition is to be considered and re-appreciated by HC at the time of deciding the appeal. We see no reason to interfere with the impugned order.

Any observations by this court on the deposition of the three witnesses

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Court: .. may ultimately affect the parties in appeal. SLP stands dismissed. However, the High Court should finally dispose of appeal in accordance with law and without influenced by any observations in impugned order.

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