Kuldip Sharma moves high court to quash complaint

AHMEDABAD: Senior IPS officer Kuldip Sharma who recently got himself deputed to Delhi, approached the Gujarat high court requesting it to quash criminal proceedings against him initiated by an Anand court on the basis of a nine-year old complaint. He also sought cancellation of the state government's permission to prosecute him alleging that chief minister Narendra Modi and his government were biased against him.

Sharma raised objections to the criminal proceeding initiated by chief judicial magistrate on grounds of delay and jurisdiction. He argued that a retired policeman Kirit Brahmbhatt, filed the complaint out of personal vengeance, since the former had put him under suspension.

Brahmbhatt approached the court nine years ago complaining that Sharma as Ahmedabad range IG had illegally ordered his arrest on October 23, 2001 causing harassment to him and his family. According to Brahmbhatt, Sharma issued orders to arrest him in connection with a complaint which police had already filed and the court had accepted a 'C' summary report.

Sharma contended that the court took cognizance of the complaint of 2002 without the state government's mandatory sanction to initiate action against a public servant under section 197 of the CrPC. The sanction was given only on March 31, 2010. In a separate petition, Sharma challenged this sanction alleging that it was passed under the authority of chief minister Modi.

Sharma argued that the government did not grant sanction for prosecution against police inspector K K Patel, who was also present when the alleged offence took place. He also alleged that the sanction has been given while considering some of the statements recorded by the CJM during the court inquiry which itself was null and void because there was no sanction.

In his petitions, Sharma informed the court that he has already written to the governor about Modi's biased attitude and requested that no matter pertaining to him be placed before the CM or his ministers. Sharma has also twice written to the chief secretary in this regard.

He has mentioned how he had to put up a legal battle against Modi's downgrading his Annual Confidential Reports. Sharma has also cited how the state government tried to revive a 26-year-old encounter case in Kutch, in which the trial was also completed years ago.