Supreme Court reinstates Himachal DGP Sanjay Kundu, asks state for probe by SIT

Supreme Court reinstates Himachal DGP Sanjay Kundu, asks state for probe by SIT

Expressing concern as to how the Himachal Pradesh High Court had passed the order to transfer the DGP of the state without hearing him, the Supreme Court on Friday reinstated Sanjay Kundu to his post after he was transferred to the Ayush department as principal secretary.

A three-judge bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Mishra said, “The consequences of shifting out an IPS officer as DGP are serious. Such an order for transfer could not have been passed without an opportunity for the petitioner to contest the proceedings against him and let him file his response.”

The bench in its detailed order said, “We express our reservations about the way the HC took up the matter and transferred the petitioner. It is just evident that the proceedings were triggered by the complainant’s email to the Chief Justice.”

ORDER TO FORM AN SIT  

The top court directed the state to form a special investigation team (SIT) headed by an IG-level officer and to protect the complainant and his family based on threat perception.

However, the bench, while reinstating Kundu, said, “It would be appropriate to set aside the directions of transfer and refusal to recall the said order. The petitioner shall exercise no control over the SIT constituted in pursuance of the High Court directions.”

The order was passed on the plea filed by Himachal IPS Sanjay Kundu after the High Court refused to recall its previous order transferring him from the post of DGP to Principal Secretary in the Ayush Department.

During the hearing today, Senior Advocate Mukul Rohatgi told the bench that, “He is ordered to be transferred from his post and virtually made an IAS officer. He is an IPS officer. I wanted to speak to the complainant, so I told my officer to please dial the complainant that I want to resolve. The High Court said, why are you trying to solve a dispute? The HC takes umbrage at the fact that you are trying to solve a civil dispute.”

Rohatgi also told the bench, “I have only three months to retire, I have no axe to grind.”

WHAT DID THE HIGH COURT DO?

Himachal Pradesh High Court had on December 26 last year ordered the state government to shift the DGP and Kangra Superintendent of Police Shalini Agnihotri to other posts before January 4, 2024.

On January 3, the Supreme Court had stayed the High Court order asking the state government to remove him from the post of DGP. The court had asked Kundu to file a recall application before the High Court.

But earlier this week, the High Court dismissed their petition to recall its order of December 26, 2023, which directed their transfer so that they don’t influence the probe in the case, and also turned down their request for a CBI probe and directed the setting up of an SIT to coordinate investigations in all FIRs within two weeks. After this order, Kundu again approached the Top Court.

WHAT IS THE CASE ABOUT?

The case pertains to the alleged harassment of Palampur businessman Nishant Sharma who, in an email complaint to the High Court, had alleged that he and his family feared for their lives as he was attacked in Gurugram and in McLeodganj and had sought the High Court’s intervention on the grounds that he needed protection from powerful people as he was living in constant fear of being killed.

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