Sanjay Kundu moves Supreme Court again after High Court’s refusal to recall order

New Delhi, January 11

Senior IPS officer Sanjay Kundu has moved the Supreme Court challenging the Himachal Pradesh High Court’s order dismissing his plea for recall of a direction to remove him from the post of DGP over allegations of interference in an ongoing criminal probe.

High court Had dismissed plea on Jan 9

• The High Court had on January 9 dismissed the petitions filed by Kundu and Kangra SP Shalini Agnihotri seeking recall of its December 26, 2023, order to the state government to transfer them to ensure that they didn’t influence the probe into the case
• It had also rejected their request for a CBI probe and directed the constitution of a Special Investigation Team (SIT) to coordinate investigation in all FIRs.
• Earlier, the SC had on January 3 stayed the High Court’s order to shift Kundu from the post of DGP

Kundu allegedly tried to pressure a businessman who claimed to have received a threat to his life from his partners. His petition was likely to be mentioned for urgent hearing on Friday, sources said.

The high court had on January 9 dismissed the petitions filed by Kundu and Kangra SP Shalini Agnihotri seeking recall of its December 26, 2023 order to the state government to transfer them to ensure that they didn’t influence the probe into the case. It had also rejected their request for a CBI probe and directed the constitution of a Special Investigation Team (SIT) comprising officers of Inspector General level to coordinate investigation in all FIRs in two weeks.

Earlier, the Supreme Court had on January 3 stayed the high court’s order to shift Kundu from the post of DGP to serve as the Principal Secretary of the Ayush Department. A Bench led by CJI DY Chandrachud had granted him liberty to move the Himachal Pradesh High Court to seek recall of the order to the state government to shift him from the post of DGP.

Kundu has moved the Supreme Court for the second time. Earlier he had approached the top court against the High Court’s Order to shift him to ensure that he doesn’t influence the probe into the alleged harassment of Palampur businessman Nishant Sharma.

The Himachal Pradesh High Court had on December 26 ordered the state government to shift Kundu and Kangra Superintendent of Police Shalini Agnihotri to other posts before January 4, 2024 to ensure that “they didn’t have an opportunity to influence the investigation”.

Nishant had, in an email complaint to the High Court, alleged that he and his family feared for their lives as he was “attacked in Gurugram and in McLeodganj”. He 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”.

In a complaint to the High Court, Nishant had alleged threat to his life from “two extremely rich and well-connected persons, a former IPS officer and a lawyer, as the complainant and his father had not yielded to their pressure”.

The High Court, while maintaining that “exceptional circumstances did exist for its intervention”, said it was desirable that the DGP and the SP must be shifted out to “ensure fair investigation in the FIRs lodged in the case”.

Kundu had allegedly repeatedly attempted to contact the complainant on October 27 (15 missed calls) and had put the complainant under surveillance and filed an FIR against him. He also filed a defamation case against the businessman on November 4, accusing him of attempting to malign his image.