HC admits SP Sanjeev Gandhi’s plea on adverse remarks, but upholds CBI probe in Vimal Negi case
Shimla, June7,
The Himachal Pradesh High Court has admitted the limited appeal of Superintendent of Police (SP) Shimla, Sanjeev Kumar Gandhi, allowing him to challenge the adverse remarks made against him in a status report filed by the Director General of Police (DGP) and the Additional Chief Secretary (Home) in connection with the high-profile death case of Chief Engineer Vimal Negi. However, the Division Bench refused to interfere with the Single Bench’s order transferring the case to the Central Bureau of Investigation (CBI).
A six-page order passed by a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma on June 5, 2025, made it clear that the investigation into the mysterious death of Vimal Negi will continue under the CBI, as directed by the Single Bench on May 23, 2025. The court observed that such a transfer was essential to preserve public trust and ensure a fair and independent probe, given the gravity of allegations related to corruption in the award of contracts and the suspicious circumstances leading to Negi’s death.
The court, however, took note of Gandhi’s grievance that he was not given an opportunity to rebut the observations made in the sealed report submitted by the then DGP and another report by the Additional Chief Secretary (Home), both of which were relied upon by the Single Judge without being supplied to him. Gandhi, who filed the appeal in his personal capacity, contended that these reports undermined the work done by the Special Investigation Team (SIT) led by him and cast aspersions on his professional integrity without due process.
“We issue notice only to the limited aspect that whatever observation has been made against the applicant, based on the report of the Additional Chief Secretary and of the DGP, qua the applicant, as it might adversely affect his service career, which would require consideration,” the Division Bench stated.
While making it clear that Gandhi’s appeal was not maintainable with respect to the core direction of the Single Judge to hand over the probe to the CBI, the court recognized that the applicant was entitled to protect his personal and professional reputation.
“The only limited right of the petitioner for filing the present petition is to the extent that the findings of learned Single Judge qua the conduct of the SIT… might adversely affect his service career,” the bench observed.
The court underscored that the transfer of the investigation to the CBI was in public interest and in line with the settled principle that timely and independent investigation was necessary to prevent tampering or destruction of evidence, particularly in cases with serious allegations and wide public ramifications.
Listing the matter for further hearing on July 14, 2025, the court has directed the respondents to file their replies limited to the issue of whether they object to the course of action proposed by Gandhi regarding the remarks affecting his career.
The petition was argued by Senior Advocate Sanjeev Bhushan on behalf of Sanjeev Gandhi. Advocate General Anup Rattan appeared for the State, while DSGI Balram Sharma represented the Union of India. The CBI was represented by Advocate Janesh Mahajan.
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