Shimla, Apr 9,
The Supreme Court has chosen to step aside in the legal proceedings involving former Himachal Pradesh Director General of Police, Sanjay Kundu, leaving it to the state’s lower courts to determine the next course of action. On Monday, a division bench comprising Justices B.V. Nagarathna and Augustine George Masih stated that since the investigation in the case is now complete, decisions regarding the filing of charges or further legal action should be made by the subordinate judiciary. Justice Nagarathna observed that this was not the stage for the apex court to intervene, emphasizing the role of local courts in taking the matter forward.
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The controversy began when Nishant Sharma, a local businessman, alleged that Kundu and others had exerted unlawful pressure on him. Acting on these serious allegations, the Himachal Pradesh High Court had earlier directed a detailed investigation. During the course of these events, the Supreme Court had twice granted Kundu interim protection, preventing coercive action against him. However, the situation evolved after the appointment of a new police chief, who completed the probe and identified two additional individuals as allegedly involved.
In light of the completed investigation, the apex court has now made it clear that further decisions must be made at the state level. The businessman who initiated the case has stated that he will continue to pursue justice through the available judicial forums in Himachal Pradesh.
Also read: SC stays HP High Court’s order for Fresh SIT probe in Palampur businessman-police case
The Supreme Court’s decision reflects its confidence in the ability of the lower judiciary to handle the matter independently. Earlier, the top court had ruled that no coercive steps could be taken against Kundu by the High Court until a Special Investigation Team either identified or formally named him as an accused. With that condition now fulfilled by the fresh findings of the probe, both sides are expected to present their arguments before the High Court or relevant subordinate courts as the legal battle continues.
