Guj Govt Opposes IPS Sharma's Petition Before CAT

Guj Govt Opposes IPS Sharma's Petition Before CAT
Gujarat Government today opposed the petition of IPS officer Rahul Sharma, who had provided CDs of phone call records during 2002 riots to Nanavati Commission, challenging the charge sheet against him before the CAT, saying he cannot claim immunity under the Commissions of Inquiry Act (CIA).

State government counsel Bhaskar Tanna opposed Sharma's petition on the ground that section 6 of CIA provides protection to witness against statements before a commission and not for submission of documents.

Sharma had moved CAT last year claiming he was being victimised for deposing before the Nanavati Commission and providing CDs containing phone call records pertaining to the 2002 riots period.

The IPS officer had also sought full immunity under Section 6 of the Commissions of Inquiry Act, 1952 from all civil and criminal proceeding except for perjury.

The CAT tribunal bench of Ashok Kumar and Chameli Majumdar today adjourned further hearing on the matter till March 15 as the statement of Sharma's examination-in-chief by the Nanavati panel was not available in English. The bench also directed the state government to get the statement translated in English by next date.

State government counsel claimed that the CDs provided by Sharma during his deposition before the judicial panel in October 30, 2004 were a form of digital documents, hence the appellant cannot claim protection under the provision of CIA.

Tanna further argued that during the examination in chief by the two-member riot panel, Sharma had not mentioned about the CDs.
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