In a plea filed by former Mumbai cop Pradeep Sharma challenging his conviction and life sentence in a 2006 fake encounter case the Supreme Court of India has sought response from the Maharashtra government. 

The bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra has also granted Sharma exemption from surrendering before authorities until further orders.

The case in question revolves around the encounter killing of Ramnarayan Gupta, also known as Lakhan Bhaiya, purportedly an associate of gangster Chhota Rajan. Gupta and his companion were apprehended on November 11, 2006, in a Mumbai suburb, following which Gupta met his demise the same day in what investigative authorities later determined to be a staged encounter.

The genesis of the legal battle traces back to 2009 when a special investigation team (SIT) was formed pursuant to a High Court directive, prompting the registration of an FIR. The SIT's exhaustive efforts unveiled a sinister plot involving the payment of bribes to law enforcement officials by a rival party to orchestrate Gupta's extrajudicial killing, thereby laying bare the nexus between certain police personnel and criminal elements.

After a protracted legal saga spanning five years, Sharma was acquitted by a sessions court in Mumbai in July 2013. However, 21 individuals, including 13 police personnel, were convicted in connection with the case. Subsequently, the acquittal order was challenged by the State government before the Bombay High Court, asserting that the encounter was premeditated and orchestrated. The police officers, too, lodged appeals contesting their convictions.

Following a rigorous legal battle and comprehensive hearings, Sharma's acquittal was overturned by the High Court, citing overlooked evidence and inconsistencies in the trial court's judgment, thereby underscoring the meticulousness with which the case was re-examined. The High Court also upheld the convictions of 12 other police officers and a civilian implicated in the case.

In the ongoing appeal before the Supreme Court, Senior Counsels Mukul Rohatgi and Sidharth Luthra appeared for Pradeep Sharma, vehemently arguing his absence from the crime scene and emphasizing that only his revolver was allegedly used. On the other side, Senior Advocate Yug Mohit Chaudhry represented the Maharashtra government, presenting Sharma as a habitual offender who operated an illicit squad responsible for coercion and abductions.

Justice Roy, while acknowledging the thoroughness of the High Court's verdict, underscored the complexity involved in dissecting the trial court's acquittal order. The apex court, while issuing notice to the State, has temporarily relieved Sharma from surrendering, pending further directives.

It is noteworthy that Pradeep Sharma's legal entanglements are not limited to this case. Previously, he gained media attention due to his arrest by the National Investigation Agency (NIA) in connection with the Antilia bomb threat and the subsequent murder of businessman Mansukh Hiren in 2021. However, he secured bail from the Supreme Court in August 2023 concerning these charges.

Case: Pradeep Rameshwar Sharma vs. State of Maharashtra.