An ex-Indian Police Service (IPS) officer from Gujarat has taken his long-standing legal battle to the Supreme Court, challenging a Gujarat High Court order that refused to extend his exemption from surrendering in a case that originated 41 years ago. The apex court is yet to list the matter for hearing.
The High Court’s refusal to extend the exemption on October 9 promptly led a sessions court in Bhuj to issue an arrest warrant for the retired officer on October 10.
The officer in question is Kuldip Sharma, a 1976-batch IPS officer from the Gujarat cadre, who retired in 2014. Notably, Mr. Sharma has previously been critical of Prime Minister Narendra Modi and, during his tenure as head of the State CID, investigated significant cases, including the infamous Sohrabuddin Sheikh fake encounter case.
On September 24, the sessions court in Bhuj upheld a three-month prison sentence for wrongful confinement (Section 342 IPC) against both Mr. Sharma and former sub-inspector G.H. Vasavada. This sentence was initially pronounced by the Chief Judicial Magistrate, Bhuj, on February 10.
In his petition before the Supreme Court, Mr. Sharma asserts that his conviction originated from a private complaint lodged on May 8, 1984. This complaint accused him—then serving as Superintendent of Police, Kutch—and SI Girish Vasavada of simple hurt (Section 323 IPC), wrongful confinement (Section 342 IPC), and criminal intimidation (Section 506 IPC). The trial court, however, acquitted both officers of all charges except the wrongful confinement charge.
The retired IPS officer contends that the alleged incident occurred on May 6, 1984, involving an individual identified as Ibhala Seth, who reportedly had several criminal cases registered against him. It is important to note that Ibhala Seth is now deceased.
Initially, the Gujarat State government defended the accused officers, with its legal representatives appearing in support during both the trial and appellate proceedings. For 28 years, no sanction for prosecution was granted, and the complaint remained stayed. However, in February 2012, the State government dramatically reversed its stance, finally granting permission to prosecute the officers.
A source close to Mr. Sharma highlighted several points: “The complainant, Ibhala Seth, is no longer alive. He was previously identified by Customs as a smuggler and by the police as a security suspect. Furthermore, the alleged offense is minor, the evidence is tenuous, and the delay in proceedings has been exceptionally long. Despite these factors, the State changed its position after 2012. On October 9, the State, represented by its public prosecutor and Additional Advocate General, actively opposed the revision applications and interim relief requested by Mr. Sharma and Mr. Vasavada.”