Govt ‘chargesheets’ cop with CD on riot calls,gets CAT notice

Among others,Sharma has challenged the chargesheet on the ground that he has deposed before the state government-appointed Nanavati-Mehta Commission in connection with the said CDs and under the provisions of the Commissions of Inquiry Act,he enjoys immunity against any civil or criminal action by the state government in connection with the same.

Sharma’s lawyer Mukul Sinha said under the provisions of Section 6 of the Commissions of Inquiry Act,the state government cannot initiate any criminal or civil action against a witness in connection with the material on which he has deposed. “Here,Sharma has deposed before the Commission with reference to the said CDs and therefore the state government cannot issue him the departmental chargesheet,” said Sinha.

“The tribunal has issued notice to the state government on this particular issue of immunity to Sharma. After deciding on this particular issue,if necessary,the tribunal would hear the state government on other grounds raised by us subsequently,” Sinha said.

He also added that though Chief Minister Narendra Modi has also been named by Sharma as one of the respondents to the petition,the tribunal has issued notice to the state government to decide on the issue of immunity to Sharma first.

Sharma,presently posted at Rajkot as the Deputy Inspector General of Police (Armed Unit),has also alleged that the Narendra Modi Government is acting with malafide intention against him.

The chargesheet was issued to Sharma in August this year for not giving the original CDs to the concerned authorities of the Ahmedabad Detection of Crime Branch (DCB) which was probing into some gruesome 2002 riots cases like Gulberg Society,Naroda Patiya and Naroda Gam. Sharma had got the CDs prepared in 2002 when he was assisting and supervising the probe into these cases under the instructions of the then Ahmedabad Police Commissioner,K R Kaushik.