Top Cop Kundu knocks door of SC against Jan 9 Himachal High court order
Shimla, Jan 11
Top cop, Sanjay Kundu, from Himachal Pradesh, has approached the Supreme Court against the High Court order issued on January 9. The High Court had directed him to be posted as the Principal Secretary Ayush, dismissing his recall application. Despite being in Shimla yesterday, reliable sources suggest that Kundu moved Supreme Court to explore the next legal recourse, having failed to obtain relief from the state High Court.
The former Director General of Police’s decision to knock on the door aligns with observations made by DY Chanderchud during the plea hearing by Mukhul Rastogi on January 3, indicating that the apex court might consider Kundu’s Special Leave Petition (SLP) if relief is not granted by the Himachal Pradesh High Court.
The likelihood of the Supreme Court considering Kundu’s plea will be a matter of observation, given the remarks made by the Himachal Pradesh High Court on January 9. However, sources indicate that the former DGP wishes to test his luck before the apex court and has submitted his documents, pleading for a second hearing.
The division bench of Chief Justice MS Ramchanra Rao and Justice Joyotsana Rewal Dua, while rejecting the recall application on January 9, stated that the order to transfer the DGP was not solely based on the December 26, 2023, court order but also on a letter from the SP Shimla to the state home department regarding a complaint from DSP Anmol Thakur. Not only Kundu, but the recall application of SP Kangra Shalini Agnihotri was also rejected by the Himachal Pradesh High Court, opposed by the state, emphasizing that the safety and protection of an individual are paramount compared to the reputation of IPS officers.
The state of Himachal Pradesh and the counsel for the petitioner, or amicus curiae, have opposed handing over the case to the CBI, stating that the matter does not fall into the category of the rarest of rare cases. The High Court emphasized that the dereliction of duty by the SP Kangra and the frequent calls by the DGP could not be ignored while passing the order on the recall application.
Now, the ball is in the Supreme Court’s court to decide if Kundu will receive any relief from the order passed by the High Court on January 9. Kundu moved before the Supreme Court on Thursday, seeking the dismissal of his plea for the recall, reacting to his removal from the post of DGP over allegations levelled against him by a businessman who claimed to have received a threat call from his partners. The SLP filed by the DGP is yet to be listed before the apex court.
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