Defence lawyer Chetan Shah yesterday submitted an application in this regard on behalf of 65 accused before the trial court presided over by judge P B Desai.
Eighty-three people, including former BJP Minister Maya Kodnani and VHP leader Jaideep Patel, have been made accused by the Supreme Court-appointed Special Investigating Team (SIT) for the massacre at Naroda Gam, a city suburb.
Shah alleged Sharma had misplaced the original CD, which contained important call details of State functionaries during the communal violence, and submitted a duplicate of it before the inquiry commission headed by Justice G T Nanavati.
Sharma assisted in riot case investigations for a brief period in 2002. The 1992-batch IPS officer had taken on the Gujarat government on the 2002 communal riots and provided crucial case related details to the Nanavati panel.
Sharma sought early retirement from service in November last year and his request was accepted by the Gujarat Home Department in February 2015.
The SIT had in 2009 filed a charge sheet and arraigned 83 people as accused in the case.
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