The Supreme Court upheld the Gujarat High Court’s order, lifting the stay on lodging the FIR against the Gujarat CID (crime) for alleged kidnapping and extortion. The order delays the initiation of legal proceedings against the CID in connection with the accusations of kidnapping and extortion filed by Parmanand Shirvani, a former transport manager.
The Supreme Court upheld the Gujarat High Court’s order, quashing the stay on lodging the FIR against the Gujarat CID (crime) for alleged kidnapping and extortion. The Gujarat CID (Crime) has taken action against the managing director (MD) of a company and 12 employees following allegations of kidnapping and extortion lodged more than eight years ago. Parmanand Shirvani, the former transport manager of the company operating a steel plant in Kutch, accused the MD and his associates of coercing him and extorting Rs 85 lakh along with other assets from his family.
Despite serious complaints of abduction and forced extortion, along with evidence dating back to 2015, former SP G.V. Barot, IPS Bhavanaben Patel, three DSPs, D.S. Vaghela, Vijay Gadvi, and A.R. Desai, and Police Inspector M.K. Chauhan consistently provided closing reports claiming that such incidents never occurred in the former Kutch-Gandhidham area. Even after the matter reached the High Court, efforts were made to protect police officials of the company.
CID denied identifying the role of police officers in the case, citing influence. Charges including sections 406 (criminal breach of trust), 420 (cheating), 323 (voluntarily causing hurt), 347 and 348 (wrongful confinement and extortion), and 364 (abduction for murder) have been filed against the accused.
Background
The case, which dates back to December 1, 2015, unfolded when Shirvani claimed he was abducted from Samakhiyali in Kutch at the direction of the MD. He alleged that he was taken to the MD’s residence in Ahmedabad, where he was subjected to physical assault and coerced into relinquishing money and assets.
On December 5, 2015, the HR manager and security officer in charge of the company allegedly conspired to eliminate Shirvani, instructing security guards to dispose of his body in a furnace. However, the guards refused and aided Shirvani’s escape.
The FIR, filed based on Shirvani’s complaint, implicates the MD, a company director’s son, and 11 others affiliated with the MD or the company. Additionally, six police officers, including two IPS officers, faced charges for their alleged failure to register an FIR against the company’s executives, despite directives from the Gujarat High Court.
The accused compelled Shirvani and his family members to transfer Rs 85 lakh to their accounts, along with seizing ownership of his vehicle and three trucks. Further allegations suggest that the MD aimed to secure a Rs 400 crore loan under Shirvani’s family name, which Shirvani strongly opposed.
Gujarat DGP Vikas Sahay affirmed that investigations would be conducted into the allegations against the police officers involved. While acknowledging the dispute between private entities, he stressed the necessity of a thorough probe to ascertain the facts surrounding the case.
Shirvani’s threats extended to threats against his family, with the FIR detailing how his wife was coerced into signing a closure report prepared by the police, despite court orders to initiate legal proceedings.
The authorities allegedly disregarded his complaints. Until May 2019, the order to file an FIR was issued following the High Court directive. However, subsequent delays and legal challenges prolonged the process until the Supreme Court intervened in January this year, ordering the registration of the FIR.
