A division bench comprising acting Chief Justice C K Thakkar and Justice K M Mehta has issued notice in the petition filed by civil rights organisation Jan Sangharsh Manch through its activist Mohanbhai Bundela. The petition stated that Meenaben had filed a complaint against several residents of Rajnagar Society where the deceased lived with his family.

The petition stated that on the basis of Meenaben's complaint, Rajput along with other personnel came to Shyamjitbhai's house at around 6.30 pm on that fateful day. Rajput dragged Shyamjitbhai from his house and started beating him. He was joined by other police personnel too, it said. The petition said a large number of people had gathered in front of Shyamjitbhai's house. The deceased was thrown into the police jeep and taken to Vatva police station.

It stated that Dinesh Brahmbhatt, another resident of Rajnagar Society, who was also picked up by police following Meenaben's complaint, was present at the police station when Shyamjitbhai was brought there. Dinesh was made to sit outside, while the deceased was being mercilessly beaten up by the policemen. He said he could hear Shyamjitbhai's cries for help.

The petition submitted that after about an hour, Dinesh was summoned by Rajput and asked to take Shyamjitbhai home. Dinesh took the lifeless body of Shyamjitbhai to his residence and informed Leelavatiben about the incident. She took her husband's body to L G Hospital where Shyamjitbhai was declared dead, it said.

It further submitted that Leelavatiben took her husband's body to Vatva police station to file a complaint, but the PI refused to do so. She was abused and thrown out, the petition stated. Next morning, due to mounting public pressure, the police sent the body for post-mortem and then handed over to the family.

It stated that the ACP, J Division, recorded Leelavatiben's complaint and also registered an offence of murder against Rajput. It alleges that the police personnel of Vatva police station were making all attempts to hush up the matter and sabotage investigation. It said witnesses were also being threatened with dire consequences if they deposed against Rajput.

The petition sought directions to be issued to the Home Department and the Police Commissioner to immediately place Rajput under suspension and also transfer the Vatva PI. It also sought CBI investigation in the case.

Next hearing in the case is on October 4, 1999.