CAT reserves order on Govt plea on ex-top cop

Central Administrative Tribunal (CAT) today reserved its order on Gujarat Government's plea seeking stay on an earlier ruling quashing charges against former IPS officer Rahul Sharma in connection with a compact disc (CD) related to the 2002 post-Godhra riots.
CAT judicial member M Nagrajan reserved the order after arguments on the Government's application.
The Ahmedabad bench of CAT last month quashed charges levelled by the Government against Sharma. The Government has accused him of not returning to it a CD containing call records of politicians, police officers and VHP functionaries related to the communal violence.
In its January 22 order, the CAT had termed the departmental chargesheet issued to Sharma by the State Government as "tainted with mischief, mala fide, and malice... and...Designed as an engine of oppression."

The Government later filed an application seeking a stay on the ruling, saying they wanted to move the Gujarat High Court against it.
Sharma today opposed granting of any stay on the order. In his reply to the Tribunal, the former police officer said the charges against him were "false on facts" and re-hearing on the case was "impermissible in law".

"This Tribunal may not grant any such final relief at this stage to the applicants in view of the final order passed by a coordinate Bench of this Tribunal. Such re-hearing is impermissible in law."
Sharma, posted in city control room as DCP from March 24, 2002 to July 3, 2002, was asked to assist the Crime Branch in investigations of riots cases by then Police Commissioner of Ahmedabad.

At that time, he had prepared a CD of mobile phone call records (between February-March 2002) of Gujarat Ministers, police officers and bureaucrats after obtaining details from service providers.
In 2004, Sharma submitted the CD before the Nanavati Commission, set up by the State Government to probe the riots, as a piece of evidence.
In the chargesheet served to him on August 13, 2011, the Government accused him of taking away the original CD.
Sharma took voluntary retirement from service last year and became a lawyer.