New Delhi, 12 November 2013

The Supreme Court today sought an answer from Sanjiv Bhatt, suspended IPS officer from Gujarat cadre, as to how his plea seeking transfer of the probe against him in alleged hacking of e-mails of a law officer from state police to CBI was maintainable.

“How is your fundamental right affected,” a bench comprising justice H L Dattu and Ranjana Prakash Desai asked while questioning the maintainability of the writ petition filed under Article 32 of the Constitution.

“I was wondering how you are seeking transfer of the case under Article 32 petition. Where do you fit under Article 32,” the bench asked Bhatt’s counsel before adjourning the hearing in the matter for January next.

The apex court bench headed by then Justice Aftab Alam on November 26, 2012 had stayed the probe into a case of alleged hacking of e-mails of Gujarat’s Additional Advocate General Tushaar Mehta by Bhatt.

Bhatt has alleged that he is being targeted for accusing Gujarat Chief Minister Narendra Modi of misusing the state machinery against Muslims during the 2002 post-Godhra riots.

A case was registered against Bhatt in Vastrapur police station in the state on August 5, 2011 on Mehta’s complaint.

Mehta had alleged in his complaint that Bhatt had hacked into his e-mail account and had passed the information to others.

“These communications contain my personal, official, and legal correspondences which were not only unauthorisedly seen by Bhatt but also shared with others for ulterior motive, which, apart from being a criminal offence, violates my right of privacy,” Mehta had said in his complaint.