The Gujarat Model is (in)famous for several things, one of them being vindictiveness. However, though Vibes of India cannot say so, human rights activists are aghast at a Bhuj court ruling that has found former Kutch Superintendent of Police (SP)…guilty.
Interestingly, the case dates back to 1984 when Kuldeep Sharma was the district SP.
On Monday, the Sessions Court found Kuldeep Sharma and Girish Vasavada guilty in a 40-year-old case of police misconduct, sentencing them both to three months’ imprisonment and imposing a fine. This verdict was delivered after decades of legal proceedings.
This is not an isolated incident in the Sharma family’s legal troubles. Kuldeep Sharma’s brother, Pradeep Sharma, a former IAS officer, has also faced multiple legal battles.
The police misconduct case was about a complaint by one Mandhara Abdullah Haji Ibrahim, known as Ibhala Seth, who accused Kuldeep Sharma of verbally abusing, humiliating, and physically assaulting him in the police office.
The incident occurred when Ibhala Seth, accompanied by several prominent political figures, including then-MLA Kharashankar Joshi, Mandvi MLA Jaykumar Sanghvi, Gabhubha Jadeja, and Shankar Govindji Joshi, visited the SP office in Kutch to discuss a case registered in Naliya.
A heated argument between Seth and Sharma escalated, with Sharma allegedly insulting Seth before ordering officers to physically assault him. Seth sustained injuries as a result.
The incident prompted advocate MB Sardar, who was part of the delegation, to file a complaint against Sharma and four other officers in the Chief Judicial Court of Bhuj. However, the case endured numerous delays, with several lawyers representing the complainant over the years. In 2020, following the death of the original lawyer, advocate RS Gadhvi took over the case, pushing it towards its final hearing.
The trial concluded on January 28 with the court ruling on Monday. Two of the accused officers, BN Chauhan and PSI Bishnoi, had passed away during the prolonged proceedings.
Iqbal Mandhara, son of the late complainant, expressed his satisfaction with the verdict outside the court. Speaking to the media, he said, “Justice delayed is justice denied, but we are happy that, after 40 years, the truth has been acknowledged. My father fought for justice, and today, we finally see a verdict that holds those responsible accountable.”
He celebrated the ruling by distributing sweets to supporters.
However, Gujarat Congress spokesperson Hiren Banker pointed out the political dimension of this case: “There are two types of law system operating in Gujarat. The one who speaks in favour of BJP government gets all the perks including promotions etc. The other is the one who questions the government and gets punishment by the state. The process is the punishment for them,” he told Vibes of India.
He went on to cite recent cases, like those of Kuldeep Kumar and Sanjeev Bhatt, as examples of political vendetta. “When they used to speak in favour of you, you used to like them. When they started being honest and questioned you, you punish them,” he alleged.
Defence lawyers for Kuldeep Sharma and the other accused officers argued that the prosecution had failed to present sufficient evidence. Nevertheless, the court ruled that public officials must be held accountable for their actions, regardless of their positions.
Political Tensions and Ongoing Legal Troubles
This case is not an isolated incident in Kuldeep Sharma’s career. The former IPS has been involved in several high-profile legal battles. In 2015, the Supreme Court stayed criminal proceedings against him in this assault case, citing delays in granting the necessary sanction to prosecute.
The case has been clouded by legal battles and political tensions, with reports suggesting Sharma had clashes with then Gujarat Chief Minister Narendra Modi during his tenure.
In 2024, Pradeep Sharma was granted protection from arrest by the Supreme Court in a case related to alleged irregularities in the allotment of 150 acres of land in Bhuj.
Sharma, who had been in judicial custody for over four years on multiple corruption-related charges, claimed that a series of FIRs filed against him were politically motivated. He suggested that his fallout with the state’s political leadership was the primary reason behind these charges.
While speaking to VOI, Father Cedric Prakash, a human rights and peace activist, expressed his concerns: “This is basically injustice. Kuldeep Sharma had revealed quite a few things in Gujarat’s 2002 case. Everyone knows that. This is an exercise of vendetta. Happening with so many people in Gujarat. Those who speak truth to power face this vendetta.”
The Gujarat 2002 Angle
Pradeep Sharma’s legal issues have been further complicated by his allegations involving Narendra Modi and BJP leaders. In 2011, Pradeep testified before the Special Investigation Team (SIT) investigating the Gulbarg massacre, accusing Modi’s office of instructing his brother Kuldeep to be less proactive during the 2002 Gujarat riots. Despite these claims, the Supreme Court cleared Modi of any wrongdoing.
The situation worsened in 2013 when audio recordings surfaced, allegedly implicating BJP leader Amit Shah in ordering surveillance on Pradeep Sharma, reportedly on Modi’s instructions.
Sharma claimed that the surveillance was related to Modi’s relationship with a woman architect involved in a landscaping project. However, the Supreme Court dismissed Sharma’s plea for a CBI investigation into the surveillance and corruption cases.
Kuldeep Sharma’s own career has been marred by controversy. As a 1976-batch IPS officer, Sharma was involved in investigating the Sohrabuddin Sheikh encounter case, which implicated Amit Shah.
In retaliation, Sharma was reportedly sidelined by the Gujarat government, his promotion delayed, and he was transferred to a less significant role. Defying the state government, Sharma moved to Delhi on deputation and later served as an advisor in the Union Home Ministry. After retiring, he joined the Congress party.
Father Cedric Prakash added, “This ruling is non-acceptable. Both brothers have been honest officers. The system is not being objective. They target people at relevant positions.”
Hiren Banker also questioned the system’s fairness, pointing to the different treatment for accused individuals: “No public parade for Bhupendrasinh Zala, an accused of Rs 6,000 crore ‘ponzi scam’. But, public parade for Payal Goti in Amreli letter scandal. Why? There are different laws for everyone in Gujarat.”
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