Gujarat HC rejects Sanjiv Bhatt’s plea seeking recall of April 2018 order

Justice JB Pardiwala took strong objection to Bhatt’s latest application, stating, “This application is nothing but one more attempt on the part of the applicant to create unnecessary hindrances and obstructions in the conduct of the trial proceedings of the Special NDPS case… Such attempts needs to be condemned in strong words. Having regard to the developments that have taken place after this court passed the order, it is too much on the part of the applicant to come to this Court and pray that the order be recalled, and that too, on flimsy grounds as urged.”

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Justice Pardiwala further observed, “I am constrained to observe that if the applicant continues to keep on thwarting the due process of law by adopting such dilatory tactics, then some stern steps may have to be taken against the applicant in accordance with law.”

Justice Pardiwala also observed that his order of April 3, 2018, was also part of Bhatt’s challenge at the Supreme Court, which the apex court had earlier declined to interfere with.

Justice Pardiwala noted, “It is a settled position of law that once the charge is framed, the trial is deemed to have commenced. At this stage, once again the applicant has come up before this Court with the present application, which can be termed as a frivolous application, preferred only with a view to see that the trial does not proceed further.”

Vehemently opposing Bhatt’s application, senior counsel and public prosecutor Mitesh Amin submitted that the present application deserves to be rejected as it is nothing but a gross abuse of the process of law. He further submitted that “the applicant is in the habit of filing such frivolous applications, and the only idea in preferring such frivolous applications is to see that the trial does not commence.”

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Amin also submitted that such an application seeking recall of the judgment is not maintainable, more particularly, when the very same judgment and order passed by this Court was challenged before the Supreme Court and the Supreme Court has affirmed the judgment and order of this Court.