Gujarat High court refuses ‘interim protection’ for ex-ASG I H Syed

A Vacation Bench of Gujarat High Court, on Wednesday, refused to grant interim protection to former Assistant Solicitor General for Gujarat High Court I H Syed from police action.

Syed, a designated senior advocate, is facing arrest for alleged assault and extortion.

While categorically declining relief and issuing notices to the state government, the Bench of Justice Biren Vaishnav said, “Even lawyers are not above the law.” The court was hearing Syed’s plea that sought relief from the police’s “coercive action” and quashing of the FIR against him.

The matter will next be heard on May 25.

The police filed the case of assault and extortion about an incident that occurred on May 14 at the Gandhinagar house of former Gujarat Chief Minister Shankersinh Vaghela.

Gandhinagar District Police registered an FIR on May 15 against Syed and five others—Bhaumik Thakkar (personal assistant of ex-CM Vaghela), Jankar Solanki, Kuren Amin, Ikshit Amin and Ravi Chaudhary—under sections of Indian Penal Code that deal with assault, extortion, wrongful confinement, criminal intimidation to be read with criminal conspiracy.

The alleged incident happened at Vaghela’s Vasant Vihar bungalow on the evening of May 14, where Syed was reportedly present along with the other five accused. Syed has stated in his petition that he went to the Vasant Vihar bungalow after receiving "a phone call from former chief minister Shankarsinh Vaghela on 15/05/2022 inviting the petitioner (Syed) to his house.." When Syed arrived, the petition reads, "the complainant and the other accused persons were already present there."

The FIR is based on a complaint lodged by Viral Shah, Chief Executive Officer of Gyscoal Alloys Limited. Shah alleged that Thakkar had called Shah for a meeting at the Vasant Vihar bungalow over a dispute related to a Skoda showroom located at Thaltej in Ahmedabad.

Shah, in his complaint, said that the accused made him sign an agreement, asking him to take responsibility for the losses incurred in the Skoda showroom deal. When Shah refused to sign, he was allegedly assaulted. Shah said that he managed to get away and got himself admitted to Zydus hospital in Ahmedabad. He filed the complaint the next day.

In his defence, Syed stated before the court that the FIR against him is a “counterblast” to the FIR lodged against Viral Shah, and 25 others, in December 2021 with the CID (Crime) based on a complaint filed by Kuren Amin. Syed was representing Amin in that case.

According to the details with the court, Shah was arrested and was put behind bars for 27 days. He was released on bail after “entering into a settlement”. According to that settlement, Shah and the other accused were reported to have agreed to pay Rs 20 crore to the complainant (Amin) to fulfil the liability.

Quashing of the FIR against Shah was also part of that agreement, and accordingly, the FIR was quashed on May 2. However, it is alleged that Shah didn’t pay the amount, and by registering the FIR he was trying “to escape from the liability to pay the sum agreed upon”.

As senior advocate, Syed had represented the Central Bureau of Investigation (CBI) as special counsel in Ishrat Jahan and Sadiq Jamal Mehtar encounter cases and appeared for a host of IPS officers, including Satish Verma, Rahul Sharma (now retired) and Sanjiv Bhatt (now retired and currently in jail) in their legal battle against the state government.

Syed is a noted criminal lawyer who represented victims and prosecution in Ishrat Jahan, Sadiq Jamal Mehtar and Sohrabuddin Sheikh encounter cases. He was also representing Raman and Dashrath Patel of Popular Builders, who were the key witnesses in the Sohrabuddin Sheikh encounter case. They had testified before CBI court naming IPS officers (retired) D G Vanzara, Abhay Chudasama, serving as Inspector General of Police, Gandhinagar range, Rajkumar Pandian, Inspector General of Police, Surat Range, Rajkumar Pandian, among others. All the officers were discharged by the special CBI court.