HP High Court junks Himachal DGP Sanjay Kundu’s plea to recall transfer order

Vijay Arora

Shimla, January 9

The HP High Court today rejected the pleas of Director General of Police (DGP) Sanjay Kundu and Kangra Superintendent of Police (SP) Shalini Agnihotri for recalling its order of December 26, 2023, directing the Himachal Government to transfer them so that they don’t influence probe into a case pertaining to alleged harassment of a Palampur-based businessman.

‘Harassment’ case

• Himachal HC had on Dec 26 told govt to shift the DGP, Kangra SP
• Order came on a plea by a businessman, alleging harassment
• Later, DGP Kundu moved the SC, which stayed the HC order
• SC directed the HC to give him a chance to be heard in 2 weeks

The court also rejected their request to transfer the investigation to the CBI.

A Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua directed the Principal Secretary (Home) and the Kangra SP to provide adequate protection to businessman Nishant Sharma and his family.

The court also asked the government to constitute a Special Investigation Team (SIT) headed by an officer of Inspector General-rank within a week to coordinate the probe into the FIRs in the case. While rejecting the plea of Kundu, the court observed, “When we passed the December 26 order, we were only concerned whether there is a real likelihood of bias, but when a specific instance of intimidating the Investigating Officer comes to light, indicating actual interference with the process of investigation, would it be safe to let Kundu continue as the DGP, HP?”

It further observed that “should this court, under the pretext of protecting the reputation of the officers concerned, forget its constitutional responsibility of ensuring fair investigation into the matter? We think not.”

It further said, “therefore in our opinion, no case has been made out by Kundu for recall of the order passed on December 26, 2023, by this court.”

While dealing with the plea of Kangra SP Shalini Agnihotri, the court observed, “Why she had not instructed the SHO, McLeodganj, to register an FIR and start investigation even then, is inexplicable. Thus, having acknowledged the seriousness of threat to life faced by Sharma and his family from unknown persons, we find it strange that she showed no urgency in the matter and treated it in a casual manner.”

It further observed that “she was aware that this court was monitoring the investigation periodically and seeking status reports. She is expected to show some diligence and sensitivity to the concern of the court and ensure, as a supervising authority, proper investigation by her subordinates”.

The court said, “Surely, an IPS officer having more than 10 years of service knows this legal position. There is thus prima facie a dereliction of duty on her part in this regard. She had no authority in law to have a preliminary inquiry done in respect of information about commission of a cognisable offence contained in the complaint dated October 28, 2023, made by Sharma to her.”

“The conduct of Agnihotri cannot be viewed with lenience in the facts and circumstances of the case as she has not shown the needed sensitivity, urgency and prompt action throughout,” the order said.

Acting on the directions of the high court’s order, the HP Government had posted Kundu as the Secretary, Ayurveda, and given the charge of acting DGP to Satwant Atwal, ADGP (Vigilance and CID). Agnihotri continues to hold the same position.

It may be recalled that Kundu had filed a petition before the Supreme Court challenging the HC’s order. Staying the HC’s order, the apex court had asked it to give him an opportunity to be heard within two weeks.