Ahmedabad: Central Administrative Tribunal
(CAT) has ruled that IPS officer Rahul Sharma was
charge-sheeted with regard to missing CD of phone-call records
relating to the 2002 riots period only on the basis of his
deposition before the Nanavati Commission. CAT has also stayed
the proceedings against Sharma.
It said in the order pronounced yesterday that Sharma
enjoys immunity under section 6 of Commission of Inquiry
Act. The section provides protection from prosecution to the
witnesses with regard to statements made before a commission.
The Tribunal bench of Ashok Kumar and Chameli Majumdar
yesterday admitted Sharma`s petition challenging the
charge-sheet, and stayed all proceedings against him.
The CAT also issued a notice to the state government,
seeking reply to the IPS officer`s petition within two weeks.
Sharma is to file rejoinder within a week thereafter, and next
hearing will be on April 27.
"The admitted position is that Government of Gujarat came
to know about the said CD when the counsel of the government
in the (Nanavati) Commission made the government aware of the
existence of such CD," the bench noted.
Therefore, the statement of the applicant (Sharma)
before the Commission was the basis of preliminary inquiry as
well as framing of all the charges against him, CAT held.
Sharma`s case is that he is being victimised for deposing
before the Nanavati Commission which is probing post-Godhra