The News Freedom
Shimla, January 9
In a major development, the Himachal Pradesh High Court has rejected a review plea filed by the state’s DGP Sanjay Kundu and Kangra SP Shalini Agnihotri. The plea sought to recall the court’s December 26th order directing their transfer over a businessman’s complaint of alleged threat to life.
The court also declined the request for a CBI probe and instead directed the formation of a Special Investigation Team (SIT) within two weeks. The SIT, consisting of officers of the Inspector General level, will oversee investigations into all related FIRs. Recognizing the potential danger faced by the complainant, the court further ordered adequate and effective security for Palampur businessman Nishant Sharma and his family.
The high court bench comprising of Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua, the presiding judges, expressed strong disapproval of the two officers’ conduct. They noted that DGP Kundu’s involvement in the civil dispute seemed like a “colourable exercise of power and authority.” His “interference,” the court asserted, was “highly improper.”
The court had heard arguments on the petition on January 5th, before reserving its judgment. Sharma, embroiled in a business dispute, had raised concerns about Kundu’s alleged phone calls and summons him in Shimla. Kundu, in turn, challenged the transfer order at the Supreme Court, arguing that he was not given a fair hearing regarding the accusations lodged against him by Sharma. The Supreme Court, led by Chief Justice D Y Chandrachud, granted Kundu the liberty to approach the High Court for a reconsideration of its December 26th order.