Supreme court directs Himachal HC to hear DGP Kundu’s recall application, and stays transfer order
Shimla, Jan 3,
The Supreme court directed the Himachal High court to hear the recall application of Director general of Police Sanjay Kundu against the impugned order of December 26 and dispose off the matter within 2 weeks. The apex court also stayed the transfer order of DGP Sanjay Kundu. The matter was heard on Wednesday morning in a three-judge bench headed by Chief Justice D Y Chandrachud, Justice Manoj Misra and Justice J B Pardiwala.
Also read: HP DGP moves SC against HP high court directives of reassigning him from post
The apex court in the order further noted that, the protection which has been granted by this order to the petitioner is in view, that he was not heard by the High court when the interim order was passed on December 26, 2023.
Noteworthy that on January 2, the Supreme court had agreed to hear the Special Leave petition filed by former Director General of Himachal Pradesh police Sanjay Kundu who challenged the HP High Court interim directive to shift him from the post of State police chief.
While keeping his side, Mukul Rohtagi appearing for the petitioner had plead that the high court has passed an order directing transfer from the post of Director General of Police without giving petitioner the opportunity to be heard or to rebut the allegations mentioned in e -mail addressed by the complainant, which was noted by the apex court in the directive.
In the order the three-judge bench further directed that, Mukul Rohtagi, senior counsel appearing on behalf of petitioner Sanjay Kundu and Mr Sharma, counsel on behalf of the complainant Nishant Sharma, in a joint statement said that they have no objection that if the investigation is transferred to the CBI so as rule out any allegation of interference.
“The high court may take a view after considering all the dimensions of the matter,” concluded the bench while disposing the application.
Background
The litigation started on November 11, 2023, when the High court took Suo moto notice of an October 28 email complaint filed by a Palampur businessman Nishant Kumar Sharma, alleging a threat to his life from influential individuals. In the complaint he had also accused the State DGP for the alleged criminal intimidation.
Also read:HP HC takes cognizance on the complaint by Palampur businessman alleging ‘threat to life’
After hearing on December 26, 2023, a Division bench of Chief Justice of Himachal Pradesh MS Ramachandra Rao and Justice Jyotsna Rewal Dua directed the home secretary to shift former DGP Sanjay Kundu and Superintendent of Police Kangra Shalini Agnihotri to ensure a fair probe into a businessman’s complaint about threat to life. Later in pursuance on January 2, Kundu was transferred to the post of Principal Secretary (Ayush), to the Government of Himachal Pradesh.
Also read: Directions of HP High court: HP DGP Kundu shifted as Pr Secy Ayush
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