Himachal Pradesh HC commends DGP for fair probe into Nishant case
Photo used for indicative purpose only. Source internet
Shimla, Sep 24,
The Himachal Pradesh High Court has lauded Director General of Police (DGP) Dr. Atul Verma for conducting a fair and independent assessment of the Special Investigation Team’s (SIT) probe into the attack on Palampur-based businessman, Nishant Kumar Sharma.
DGP Verma’s report, which was submitted to a division bench consisting of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua, brought to light critical shortcomings in the earlier SIT investigation. The report highlighted that key elements, such as extortion and land-grabbing allegations, were inadequately addressed during the initial inquiry.
The court expressed appreciation for DGP Verma’s impartial approach and recognized the importance of the issues raised in his report. It noted that the original investigation seemed more focused on discrediting the claims of an attack on Nishant Sharma rather than investigating the serious extortion allegations.
The High Court emphasized the need for a more comprehensive investigation into the extortion claims, suggesting that the investigating authorities had overlooked significant aspects related to land grabbing and intimidation.
The court further remarked that ignoring the flaws identified in the investigation would compromise the pursuit of justice.
In light of the DGP’s findings, the High Court ordered the inclusion of Indian Penal Code (IPC) Sections 384 to 387, which pertain to extortion, in the existing FIR registered at the McLeodganj police station.
Additionally, the court directed that a senior officer, approved by the DGP, be added to the SIT to ensure the investigation is carried out thoroughly and independently. The State Government has been instructed to issue a notification within three days to formalize this addition.
The case gained significant attention after Nishant Sharma informed the High Court via email that his and his family’s safety were at risk. This email was converted into a criminal writ petition, prompting the court to instruct the Shimla and Kangra police to ensure adequate security for Sharma and his family.
Earlier, the High Court had ordered the transfer of DGP Sanjay Kundu and Kangra Superintendent of Police Shalini Agnihotri in order to facilitate an unbiased investigation. Both officers, however, successfully contested the transfer orders in the Supreme Court and remained in their positions until Kundu’s retirement on April 30, when DGP Verma took over.
Also read Supreme court directs Himachal HC to hear DGP Kundu’s recall application, and stays transfer order
The High Court has now directed the SIT to thoroughly re-investigate the case, taking into consideration the deficiencies pointed out by DGP Verma’s report.
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There are so many cases where high police officers misuse their position for wrongful gains.It is commendable that the new DGP has conducted an impartial inquiry.