Kuldeep Sharma, a former Indian Police Service (IPS) officer from Gujarat, has moved the Supreme Court challenging a Gujarat High Court order that declined to extend his exemption from surrendering in a 41-year old case.
The matter is yet to be listed for hearing.
The case in which an arrest warrant has been issued is about wrongful confinement in the 1984 Kutch smuggling-linked case. As SP of Kutch, Sharma had allegedly assaulted senior Congress leader Abdul Haji Ibrahim (Ibhla Sheth) inside his own office.
After the Gujarat High Court on October 9 refused to give an exemption, a sessions court in Bhuj issued a warrant for his arrest on October 10.
Sharma, a 1976-batch IPS officer of Gujarat cadre, retired in 2014. In the past, he has criticised Prime Minister Narendra Modi and as the head of the State CID probed several cases, including the Sohrabuddin Sheikh fake encounter case. Union Home Minister Amit Shah was one of the accused in Sheikh fake encounter case. However, he was given a clean chit later on.
The sessions court in Bhuj on September 24 confirmed a three-month imprisonment under Section 342 IPC (wrongful confinement), originally pronounced by the Chief Judicial Magistrate, Bhuj, in February against Sharma and former sub-inspector G.H. Vasavada.
Sharma in his petition before the apex court has said the conviction stems from a private complaint filed on May 8, 1984, alleging simple hurt (Section 323 IPC), wrongful confinement (Section 342 IPC), and criminal intimidation (Section 506 IPC) against Sharma — then Superintendent of Police, Kutch and SI Girish Vasavada.
The trial court acquitted both officers of all charges except Section 342 IPC.
The officer has contended that the alleged incident took place on May 6, 1984 and involved a person identified as Ibhla Sheth, who had several criminal cases registered against him. The person is dead.
In the initial stages, Gujarat State defended the accused officers, with its legal representatives appearing in support at both trial and appellate levels. No prosecution sanction was granted for 28 years, and the complaint remained stayed. The decision was reversed in February 2012, with the State government granting sanction to prosecute the officers.
A national English daily quoting a source close to Sharma said that the complainant, Ibhala Seth, is deceased. He was listed as a smuggler by Customs and flagged as a security suspect by the police. The alleged offence is minor, the evidence tenuous, and the delay extraordinary. Yet, post-2012, the State reversed its position. On October 9, the State — through its public prosecutor and Additional Advocate General —opposed the revision applications and interim relief sought by Sharma and Vasavada.
Also Read: More Trouble For Former Gujarat IAS Pradeep Sharma https://www.vibesofindia.com/more-trouble-for-former-gujarat-ias-pradeep-sharma/
