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.
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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.