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Justice R H Shukla, hearing the case, however, stayed the order rejecting Bhatt`s plea till November 8 to enable him to challenge it in a higher forum. It also asked the Jamnagar sessions court not to frame charges against Bhatt in the 1990 case where one person had died.
The 1988 batch IPS officer had approached High Court challenging the state government`s decision to withdraw a plea seeking revision of a Jamnagar sessions court`s order initiating criminal proceedings against him and six others in connection with the case.
Bhatt is now in jail after being arrested on September 30 in connection with an FIR filed against him by a police constable for allegedly threatening him and making him sign a false affidavit.
The state government had opposed Bhatt`s petition seeking relief in the 20-year-old case saying it was an attempt to delay the criminal proceeding against the IPS officer.
The original complainant, Amrutlal Vaishnani whose brother Prahbudas died due to alleged beating by Bhatt and others, said Bhatt had mislead the government by suppressing facts of case.
He had further argued that Bhatt enjoyed the patronage of the government for two decades and was under protective shield but when the shield has been taken away he is crying foul.
Bhatt, on his part, had alleged he was being harassed by Narendra Modi government as he was an important witness in the Supreme Court case relating to 2002 riots and accused Modi of misusing state machinery during post-Godhra riots in an affidavit in SC and it was because of this that the government had decided to withdraw its application, paving way for his prosecution.
He had also said the government had in 1990 defended him but has suddenly changed his stand to victimise him for speaking against the CM.
