The Supreme Court on Friday put a stay on Gujarat government’s approval for criminal prosecution against retired Director General of Police (DGP) Kuldip Sharma in an assault case registered in 1984.
A bench of Justices V Gopala Gowda and C Nagappan also stayed trial proceeding against Sharma, contended that the cases were foisted on him after he took on the previous regime under Narendra Modi as its chief minister.
Sharma as then Superintendent of Police of Kutch, in May 1984, was accused of assaulting an alleged smuggler, Ibla Sheth in custody. A police complaint was filed under Sections 323 (causing hurt) and 506 for (criminal intimidation) of the Indian Penal Code.
The state government decided to grant sanction for prosecuting him after granting sanction under Section 197 of the Criminal Procedure Code 28 years later. On a petition filed by Sharma against the decision, the high court had on last month declined to interfere into the decision but ordered the trial court to complete the trial by the end of this year.
Senior lawyer Kapil Sibal and advocate Sunil Fernandes, appearing for Sharma, contended the state government had way back in 1987 itself filed an application before the Bhuj court seeking dismissal of the case against him.