"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.
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.
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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.