The Supreme Court on Friday stayed criminal proceedings against a former Gujarat cop who alleged conspiracy by the State Government in allowing sanction to prosecute him after a gap of 31 years in a case involving beating up of a notorious smuggler in a police station.
Kuldeep Sharma, a 1976 batch IPS officer, who retired in December 2012 at the rank of DGP, questioned the Gujarat Government's double standards to grant sanction in a minor offence involving him while refusing sanction to other top ranking police officers facing murder charges in the Sohrabuddin fake encounter case. Moreover, sanction against Sharma came after a 28-year gap since the incident, which was unprecedented.
The Bench of Justices V Gopala Gowda and C Nagappan found a prima facie case to stay the trial against Sharma and issued notice to the Gujarat Government on the question whether sanction order passed after 31 years can stand the test of law. Section 197 of Criminal Procedure Code does not specify a time limit for granting sanction but states that the competent authority must grant prosecution sanction within "reasonable period".
Senior advocate Kapil Sibal and Indira Jaising who appeared for Sharma informed the Court that the officer had an "outstanding" record throughout his 36-year career. The incident occurred on May 18, 1984 when a notorious smuggler of Kutch, Ibhala Seth accused Sharma of beating him at the police station. He was posted in Kutch as Superintendent of Police. Interestingly, Seth did not file a complaint. A magisterial enquiry was ordered on complaint by an eyewitness who accompanied him.
Sibal pointed out that in 1987, the prosecutor demanded the trial court to dismiss the complaint for want of sanction. In a complete volte face, State accorded sanction on the same complaint on February 29, 2012.
Sharma's petition named top police officers like PC Pandey, Geetha Johri and OP Mathur, who were ordered to be prosecuted by Supreme Court for murder and other heinous charges, yet got away as cases against them stood dismissed for non-grant of sanction by the State. Sibal added that his client suffered victimisation as he lost favour of the State Chief Minister and Home Minister following his refusal to carry out their illegal orders.