A police officer, who is an accused in the 2002 Gulberg Housing Society riot case, today filed an application before a special trial court seeking discharge from the charges of dereliction of duty and tampering with evidence.
In his plea moved before the special trial court judge P B Desai, former Deputy Superintendent of Police K G Erda said he should be discharged as the prosecution launched the legal proceedings against him after around seven years whereas as per section 161 of Bombay Police Act prosecution against a policeman should be initiated within one year from the date of offence.
The judge said the plea has come at a stage when the final hearing of the case is on.
The application will come up for hearing in due course of time.
Erda was posted as a DySP in Valsad district when he was booked in the case by the Supreme Court-appointed Special Investigation Team (SIT).
He was accused of dereliction of duty and tampering with evidence by the SIT in its chargesheet filed in May 2009.
Erda had been posted as a police inspector at Meghaninagar police station during the 2002 post-Godhra riots when a mob had attacked Gulbarg housing society and killed 69 people including ex-Congress MP Ehsan Zafari.
