Sanjay Kundu back as Himachal Pradesh DGP, Supreme Court stays order to shift him

Satya Prakash

New Delhi, January 3

A day after the Himachal Pradesh Government transferred him as the Principal Secretary of the Ayush Department, senior IPS officer Sanjay Kundu landed back as the state’s DGP after the Supreme Court on Wednesday stayed the High Court’s order to shift him from the top post.

A Bench led by CJI DY Chandrachud granted liberty to Kundu to move the Himachal Pradesh High Court on January 4 to seek recall of its December 26 order to the state government to shift him from the post of DGP in view of the allegations of interference in an ongoing criminal probe.

“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 said, urging the HC to dispose of his application in two weeks.

Kundu’s further continuation in the post of DGP would depend on the HC’s order on recall plea. The top court order came after senior counsel Mukul Rohatgi submitted on behalf of Kundu that the HC passed the impugned order without hearing him.

Rohatgi had on Tuesday said the action against Kundu was “extraordinary” as the HC did not hear him out before directing the state government to shift him. Following the HC order, the Himachal Pradesh Government had on Tuesday transferred Kundu to the Ayush Department as Principal Secretary.

Kundu moved the Supreme Court against the HC 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 HC 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”.

In an email complaint to the HC, Nishant had 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 HC, 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 HC, 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 FIR against him. He also filed a defamation case against the businessman on November 4, accusing him of attempting to malign his image.

Wasn’t heard by HC

The protection granted to the petitioner by this order is passed on the ground that he was not heard by the High Court. — CJI-led Bench