HC directs State to shift HP- DGP and SP Kangra to other posts
Shimla, Dec 12
Himachal Pradesh High court in the high-profile case of influencing the probe of a criminal intimidation of a businessman directed the state of Himachal Pradesh to shift the Director General of police Himachal Pradesh Sanjay Kundu and Superintendent of police, Kangra to any other post in the interest of justice.
In a significant order passed by the division bench of Chief Justice MS Ramachandran Rao and Justice Jyotsna Rewal Dua today directed the State secretary home or the respondent No.1 to take steps at the earliest to move the present incumbents holding posts of both the Director General of Police, HP and respondent no.2 (SP Kangra ) to other posts.
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Court posting the matter to January 4, 2024 said in a 17 paged detailed order that duo should be posted where they would not have any opportunity to influence the investigation in the FIRs referred to in this order.
Court after going through the submission made by the counsel for the petitioner cum complaint amicus Curie Neeraj Gupta expressed the opinion that in the light of the material available to us in this case till date court are satisfied that exceptional circumstances do exist for intervening in the matter more particularly when the respondent no.1 had chosen to turn a blind eye to the said material for reasons best known to it.
Court also made observation on the handling of case by the concerned government officer that in the interest of justice and to ensure fairness of investigation and also keeping in mind the principle the “justice must not only be done but must be seen to be done.”
“We are of the opinion that it would be desirable that present incumbents holding posts of both the Director General of Police, HP and respondent no.2 be moved to other posts to ensure that fair investigation happens in the FIRs registered .” The division bench said in a order copy of which is with us.
We hasten to add that we are not expressing any opinion on the merits of the claims of the parties since the investigation is still not complete, also added the High court.
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