2002 riots: Gujarat HC tells govt not to pursue litigation against IPS ex-officer only ‘for sake of pursuing’
In January 2016, the CAT Ahmedabad bench had quashed a chargesheet filed against Sharma in 2011 that accused him of keeping with him crucial CDs related to the 2002 Gujarat riot cases.
The court sought the officials’ explanation in their personal capacity as to why action should not be initiated against them for dereliction of duty under IT Act.
While hearing a petition filed by the Gujarat government, challenging a Central Administrative Tribunal (CAT) Ahmedabad bench’s 2016 order giving a clean chit to IPS former officer Rahul Sharma, the Gujarat High Court on Thursday told the government counsel that the state must not pursue the case only for the sake of keeping it pending.
In January 2016, the CAT Ahmedabad bench had quashed a chargesheet filed against Sharma in 2011 that accused him of keeping with him crucial CDs related to the 2002 Gujarat riot cases.
The CAT bench had held that the chargesheet was “tainted by mischief” and “coloured by malice and malafide”. The CDs were accepted as evidence by the Nanavati Commission, which was set up to probe the burning of the Sabarmati Express in 2002 and the subsequent riots in Gujarat.
