Kuldip Sharma’s pleas: HC judge recuses self

When the pleas came for hearing before a single-judge bench of Justice M R Shah on Monday,the judge recused himself,saying “Not before me”.

Earlier,Sharma’s lawyer,I H Syed,had informed the court that Justice Shah has appeared for the complainant in the very case at the relevant time,indicating that it may bring in the issue of conflict of interest.

The Anand court had on May 5 ordered to register an offence of wrongful confinement and defamation against Sharma following a complaint by retired deputy superintendent of police Kirit Brahmbhatt.

In 1998,a complaint of criminal intimidation and corruption was registered against Brahmbhatt when he was posted in Anand. Later,police had closed the case while submitting a summary report in the court. The summary report was accepted by the concerned court and it attained finality without being challenged.

In 2001,Sharma as a superior officer with CID (Crime) ordered further investigation of that case and this order was challenged in the HC. While that petition was pending,Sharma allegedly sent a team of police officers to arrest Brahmbhatt at his residence in Anand and kept him and his wife under wrongful confinement for several hours in late night.

Brahmbhatt had then lodged a court complaint against Sharma in 2002,accusing him of wrongful confinement and defamation. After an inquiry,the court had ordered registration of offence against Sharma.

While seeking quashing of the criminal process order,Sharma has alleged that the Brahmbhatt has filed the complaint with personal vengeance. He has also alleged that the mandatory sanction to prosecute him was given by the government under the authority of Chief Minister Narendra Modi,who is having bias against him.