Bhatt's lawyer I H Sayed confirmed that they have filed a special leave application in the apex court against the high court order, which was due to be heard in the last week of this month.

Last December, Justice M R Shah had rejected Bhatt's petition seeking quashing of the order of Jamnagar court refusing to defer framing of charges against him in the two-decade-old case.

The high court had said there was no need to restrain the court from framing charges against Bhatt in the 21-year-old case.

The high court while refusing to stay the criminal proceeding against Bhatt, however, observed that the framing of charges against Bhatt would be subject to outcome of his criminal revision application which the Jamnagar court would decide upon after hearing Bhatt and the prosecution.

On December 9, 2011, a fast track court of Jamkhambhalia taluka in Jamnagar rejected Bhatt's application seeking deferment in framing of charges against him.

Meanwhile, a fast track court in Jamnagar scheduled further hearing in the Bhatt case to January 23.

During the hearing, Sayed completed his argument on his condition of delay application which has been pending along with criminal revision application in Jamnagar court.

Sayed said after completion of his argument, the original complainant, Amrutlal Vaishnani, sought time to file reply to Sayed's arguments which was denied by the judge N P Solanki, who then scheduled further hearing on January 23.

He further alleged the government pleader Bimal Chotai tried to intimidate him in open court.

“The government pleader told us in open court 'takat hoy to supreme court ma thi stay no order lay aavo' (if you have the guts, bring the stay order from the SC),” Sayed said.

Bhatt, who was present in the court has filed an affidavit in the court bringing this remark of the district government pleader on record of the court, he added.

The court also adjourned the hearing on the discharge applications filed by six other accused in the case besides Bhatt, till January 24.

According to case details, one Prahbudas Vaishnani, who was arrested during a communal flare-up in Jamkhambhalia town in Jamnagar in 1990, died in a hospital a few days after he was released from police custody.

Following this, Vaishnani's brother Amrutlal filed complaint against Bhatt and six others. The Gujarat government then took the position that Bhatt and others had acted in discharge of duty and filed a revision petition in the session court in 1996 halting the criminal proceedings.