Ex-Gujarat IPS officer moves SC against HC order denying exemption from surrender in a 41-year-old case

A former Indian Police Service (IPS) officer from Gujarat has moved the Supreme Court challenging a Gujarat High Court order where the latter declined to extend the retired officer’s exemption from surrendering in a 41-year old case. The court is yet to list the matter for hearing.

The refusal to extend the exemption by the Gujarat High Court on October 9 prompted a sessions court in Bhuj to issue a warrant for his arrest on October 10.

Kuldip Sharma, a 1976-batch IPS officer of Gujarat cadre, retired in 2014. He has in the past criticised Prime Minister Narendra Modi and as the head of the State CID probed several cases, including the Sohrabuddin Sheikh fake encounter case.

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, on February 10 against Mr. Sharma and former sub-inspector G.H. Vasavada.

Mr. 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 Mr. 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 Ibhala Seth, who had several criminal cases registered against him. The person is dead.

Initially, 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 source close to Mr. Sharma said, “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 Mr. Sharma and Mr. Vasavada.”