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Rahul Sharma`s petition premature: Guj govt to CAT

Last Updated: Thursday, January 12, 2012 - 19:03

Ahmedabad: Gujarat government on Thursday opposed
IPS officer Rahul Sharma`s petition before the Central
Administrative Tribunal (CAT) challenging the chargesheet
against him in connection with the phone-call record CDs of
2002 riot period, terming it premature.

One of the charges against Sharma is he did not produce
the CDs before the investigating officer or the supervisory

In an affidavit filed before CAT bench of Mukesh K Gupta
and Ashok Kumar, government also refuted Sharma`s allegation
that he was chargesheeted because he had deposed before the
Nanavati Commission, which is probing the 2002 riot cases.

As Sharma today sought time to file rejoinder to the
affidavit before the bench scheduled for the next hearing on
January 31.

The affidavit, filed by state home secretary Manoj Kumar,
said Sharma`s petition should be rejected as it was premature.
"Applicant has rushed to CAT without even replying to the
chargesheet," it said.

The charges against Sharma had "nothing to do with what,
when, how the applicant was deposed before Justice G T
Nanavati Commission", it said.

Sharma`s contention was that he is protected under
section 6 of Commissions of Inquiry Act, which says that no
statement made by a person before a Commission can be used
against him.

But Kumar`s affidavit said that Sharma could not claim
protection under section 6, as the production of CDs by Sharma
before Nanavati Commission was not in reply to the question
asked by the Commission.

The question requiring production of CDs was asked during
a cross examination by Mukul Sinha of Jan Sangharsh Manch
(JSM); the Commission had not asked for CDs, it said.


First Published: Thursday, January 12, 2012 - 19:03
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