Gujarat High Court quashes FIR against police official

GANDHINAGAR - A single judge bench of the Gujarat High Court Tuesday quashed the First Information Report (FIR) filed against senior IPS officer Kuldeep Sharma charging him with murder in a 26-year-old shootout case.

In a setback to the Narendra Modi government and the police, Justice R.H. Shukla ordered quashing of the FIR and rejected the state’s plea of stay on the order.

The Gujarat police had registered an FIR based on an application by Jusab Juma Mokha of Kutch, who alleged that five of his family members were killed by some policemen in 1984 when Sharma was superintendent of police of Kutch.

The FIR charged Sharma and others with murder, attempt to murder, and criminal conspiracy. Following the FIR, Sharma moved the high court with a quashing petition for a case registered by the state CID (crime) on Aug 10.

S.V. Raju, advocate for the petitioner, argued that Sharma’s name had never figured either in the police case or in the complaint filed before the court for the last 26 years. The lawyer further stated that the state government had opened the old case only to harass the IPS officer and, therefore, the FIR against him should be quashed.

He alleged that the deceased who were killed in the shootout were spies, anti-national elements and smugglers and wanted to draw the attention of the court to the fact that the complainant was from the same family.

Whereas the advocate general, Kamal Trivedi, argued that the trial court while acquitting Sharma’s subordinate, who was chargesheeted in the case, had observed that an independent investigation was required in the case but due to want of evidence the accused was released on benefit of doubt.

He further submitted even the high court in a habeas corpus petition relating to this case had observed that the investigation was required from an independent investigation agency.

It was further submitted that Sharma had overall responsibility of actions taken by his subordinates. He added that the case involved killings of four innocent people which required investigation and the police has recorded statements of 12 people in this connection.

He added that investigation of a serious criminal offence cannot be time barred and even after 26 years when new material, evidence or information were revealed, the investigation could be carried. The advocate general further submitted that the case is at the investigation stage and the state has the responsibility to look in to the matter if a citizen comes up with a complaint.

However, Justice Shukla rejected the state’s arguments and quashed the FIR.

Sharma was posted out as managing director of the Gujarat State Sheep and Wool Development Corporation after he fell foul of the present government.

His brother Pradeep Sharma, a senior IAS officer, is already in jail for more than seven months on an alleged corruption charge for acts committed during his stint as the district collector of Kutch. Both brothers have alleged victimisation by the Modi government.