The Gujarat government today approached the high court seeking a stay on an order passed by the Central Administrative Tribunal (CAT) quashing charge sheet against former IPS officer Rahul Sharma in connection with a CD containing call data records during the 2002 riots.
The matter will be taken up in the court of Justice M R Shah for hearing.
In January this year, the tribunal had scrapped the charge sheet against him and called it "tainted by malice" and "malafide" in intention.
The government had filed the charge sheet against Sharma for keeping with him a CD containing telephonic conversations between politicians and bureaucrats during the 2002 post-Godhra riots.
Sharma had approached CAT in August 2011 seeking setting aside of the charge sheet issued by the Gujarat government, accusing him of not submitting the original CD containing phone call records of politicians and bureaucrats.
When Sharma was posted in city control room as Deputy Commissioner of Police from March 24, 2002 to July 3, 2002, he was assisting the city crime branch in the investigations of riots cases.
At that time, he had prepared a CD of mobile phone call records of ministers, police officers and bureaucrats between February 2002 and March 2002 by obtaining mobile call records from service providers.
In 2004, Sharma had submitted the CD before the Nanavati Commission, set up by the state government to probe the riots as evidence.
In the charge sheet, served to him on August 13, 2011, the state government accused him of taking away the original CD, as the state claimed that it should be with the government as part of records.
After being chargesheeted, Sharma approached CAT in August 2011. Sharma argued that the charge sheet against him was filed with mala fide intention of the government for deposing before the Nanavati Commission at that time.
Sharma also contended that he was protected under Commission of Inquiry Act, which according to him, prohibited any action against a government official for deposing before any inquiry commission.
Sharma had taken voluntary retirement last year and became a lawayer.
