2002 riots: Cannot prosecute IPS officer for missing CD, SIT tells court

Ahmedabad: The Supreme Court-appointed Special Investigation Team (SIT) on Monday said the former IPS officer Rahul Sharma, accused of misplacing a CD containing important data related to the 2002 post-Godhra riots, had not committed any "cognisable offence".

On April 6, 65 accused in the Naroda Gam riot case of 2002 filed a petition in the special trial court, seeking to prosecute Sharma for misplacing the CD.

The accused in the case include former Gujarat minister Maya Kodnani. The petition, submitted before judge P B Desai, said the original CD had call details of some important state functionaries during the riots period.

Sharma misplaced the original and submitted a duplicate before the Justice G T Nanavati commission which probed the riots, the petition said.

However, in its reply today, the SIT cited provisions of Criminal Procedure Code and the Indian Evidence Act which recognises copy of a CD as evidence. There is no such thing as 'original or 'duplicate' CD, as copies can be made from original source and each CD would be as good as the original one, it said.

There was no "cognisable offence" for which Sharma should be prosecuted, the SIT added. The further hearing would be on April 16.

Sharma, a 1992-batch officer, had taken on the Gujarat government over the 2002 communal riots, and provided some crucial details to the Nanavati panel.

Sharma sought retirement from service last November and his request was accepted by the Gujarat home department in February.

As many as 11 Muslims were killed by a mob on February 28, 2002, at Naroda Gam, a day after Godhra train burning incident.