Read Time: 04 minutes
On December 26, acting suo motu, the high court had ordered the state government to shift the DGP and Kangra SP Shalini Agnihotri to other posts before January 4 to ensure that “they don't have an opportunity to influence the investigation”
The Supreme Court on January 3, 2024 stayed the Himachal Pradesh High Court's order to shift State DGP Sanjay Kundu upon allegations by a businessman from Palampur, alleging threat to him and his family members.
A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra asked the high court to decide senior IPS officer Kundu's application for recall of the order within two weeks.
"Till the recall application is disposed of, the direction for the transfer of the petitioner out of the post of Director General of Police, Himachal Pradesh shall remain stayed," the bench ordered.
Notably, the High Court had issued the impugned directions after recording a finding that Kundu in his capacity of the Director General of Police had unfairly obstructed the course of an investigation.
On January 2, 2024, in compliance with the High Court's December 26, 2023 order, Kundu was removed from the post of Himachal Pradesh DGP and posted as Principal Secretary, Ayush.
Senior Advocate Mukul Rohatgi, appearing for Kundu, had questioned the high court’s order, passed in a suo motu proceedings, against the petitioner without impleading him or giving him an opportunity of hearing to rebut the allegations, made against him in the email by the complainant.
Rohatgi said Kundu was set to retire in less than four months and an adverse order of the present nature would blemish his 35-year-long career when he was not at fault.
It was further contended that Kundu had tried to mediate between the parties embroiled in a private dispute and he had nothing to do with the dispute between the two, and that he was willing to have the CBI probe the matter.
The complainant's counsel claimed the DGP exerted pressure on his client and put him under surveillance.
In an email complaint to the high court, the complainant alleged that he and his family feared for their lives as he was “attacked in Gurugram and in McLeodganj”.
The complainant Nishant Sharma had further sought the high court’s urgent intervention as he “needed protection from powerful people”.
Cause Title: Sanjay Kundu vs. Registrar General & Ors
Please Login or Register
