HC closes monitoring of Nishant Sharma-Sanjay Kundu dispute, leaves parties to pursue remedies before magistrates
Photo used for indicative purpose only. Source internet
Shimla, July 11
Bringing to an end its prolonged monitoring of the high-profile dispute between Palampur-based businessman Nishant Sharma and former Himachal Pradesh Director General of Police (DGP) Sanjay Kundu, the Himachal Pradesh High Court has held that no further orders are required in the matter as the dispute essentially stems from a business conflict and the competent Magistrates are empowered to decide on the cancellation reports filed by the Special Investigation Team (SIT).
In a 32-page judgment delivered on July 8, a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi held that the court found no infirmity in the SIT investigations conducted in the two FIRs and observed that it would not continue monitoring the litigation indefinitely once the investigation had been completed.
The Bench said it was for the jurisdictional Magistrates to either accept the cancellation reports, take cognizance of the offences or order further investigation in accordance with law.
The proceedings had originated from an email representation sent by Nishant Sharma to the then Chief Justice in October 2023 alleging threats by unknown persons and accusing influential individuals, including the then DGP Sanjay Kundu.
During the course of litigation, the Supreme Court directed the High Court to examine the SIT reports before deciding whether any further monitoring was necessary.
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After examining both cancellation reports, the High Court observed that the SIT had carried out a detailed investigation by recreating the alleged crime scene, examining CCTV footage, recording statements of witnesses and analysing call records and forensic evidence.
The Bench noted that the investigation linked the dispute to an ongoing business conflict relating to investment and ownership of a hotel property at Palampur and found no reason to interfere with the conclusions reached by the SIT.
Regarding the FIR lodged by Nishant Sharma alleging threats, the court noted that the SIT had concluded there was insufficient evidence to substantiate the allegations and had filed a cancellation report before the Magistrate.
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The Bench held that it was now for the Magistrate to decide whether to accept the report or order further investigation.
On the cross FIR lodged by former DGP Sanjay Kundu, the High Court noted that the SIT concluded the allegations primarily related to emails circulated by Nishant Sharma, allegedly tarnishing Kundu’s reputation.
The investigating agency found that the matter did not involve interference in the discharge of official duties of a police officer and that offences under Sections 327, 506, 120-B and 505 IPC were not made out.
Instead, if any offence survived, it would fall under Sections 499 and 500 IPC relating to defamation, for which the aggrieved person has to institute a private complaint before the competent court.
Holding that the SIT investigations were fair and complete, the Division Bench declined to pass any further directions. It left both Nishant Sharma and Sanjay Kundu free to pursue their legal remedies before the competent Magistrates in accordance with law, including filing objections to the cancellation reports or initiating proceedings available under law. The writ proceedings were accordingly disposed of.
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