The Gujarat High Court on Tuesday stayed the criminal proceedings initiated against three policemen including senior Gujarat-cadre IPS officer,Kuldip Sharma with reference to an alleged offence of 1984. A single judge bench of the HC comprising of Justice J B Pardiwala passed an order in this regard while acting on a petition moved by one of the three accused police officers in the case,G H Vasavada.
The incident involved dates back to May 6,1984 when Sharma was a Superintendent of Police,Kutch district. According to the details,Sharma had beaten an alleged smuggler,Ibla Sheth,along with other accused police officers when the latter had,along with others,gone to make a representation before him as a district police head.
One of the persons in the group that had gone to make the representation along with Ibla Sheth had lodged a court complaint in this regard. And the concerned magisterial court had ordered criminal process in the incident.
Vasavada,a deputy superintendent of police,has challenged
the government action of
granting sanction under section 197 of Criminal Procedure Code to initiate criminal proceedings against the three accused police officers.
Vasavadas lawyer,I H Syed said,The incident is of 1984 whereby a smuggler had made allegations of beating against police officers. And the state government gave mandatory sanction to prosecute them only on February 29 this year,after a delay of around 28 years.
And this too,after the state government had once taken a stand not to grant permission under section 197 of the CrPC in the same case, he added.
Syed said that HC has stayed the criminal proceedings at the Bhuj court against all the accused and kept further hearing on April 27.