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At heart of Himachal DGP case in courts, a business feud, allegations of threats

Earlier this month, the Supreme Court stayed the order of the Himachal Pradesh High Court for Sanjay Kundu to be moved out of his current post to ensure a fair probe into a complaint by businessman Nishant Sharma.

himachal dgp caseBusinessman Nishant Sharma with his wife Jessica in Palampur, Himachal Pradesh. (Express Photo by Kamleshwar Singh)

A business feud between shareholders of a Kangra Valley-based company is at the heart of a controversy involving some of the most high-profile names in Himachal Pradesh, including Director General of Police Sanjay Kundu.

Earlier this month, the Supreme Court stayed the order of the Himachal Pradesh High Court for Kundu to be moved out of his current post to ensure a fair probe into a complaint by businessman Nishant Sharma. Sharma had accused Kundu of allegedly intimidating and threatening him on behalf of KD Shreedhar, a leading lawyer who is a stakeholder in his company.

Sharma is the Managing Director of Shri Chamunda Laboratories and Projects Private Limited, a hospitality and real-estate company that his family set up in the 1990s. Among the prime properties the company owns is a plush hotel in Palampur and a commercial complex in Bhagsunag near McLeodganj. While Sharma and his family members control 50 per cent of the shares, Shreedhar holds the remaining 50 per cent. Shreedhar’s wife Sarita is among the six directors of the company, with Sharma, his father, mother, and two sisters as the other five directors.

Businessman Nishant Sharma in Palampur, Himachal Pradesh. (Express Photo by Kamleshwar Singh)

Speaking to The Indian Express, Sharma said the discord began in June 2022. “Shreedhar and Sarita Shreedhar forced us to sell the company. We objected because the company is doing well, there are no outstanding liabilities. Shreedhar even quoted a price and suggested to us buyers who were interested in taking over our company. We did not agree. He was offering us Rs 80 crore while the value of our properties is not less than Rs 150 crore.”

Shreedhar, however, dismissed Sharma’s allegations, saying he has “never pressured Nishant or any other directors in the company to sell any assets.” Shreedhar also contested Sharma’s claims of the company being a profitable one, saying “it had been registering losses since 2012-13, except for one year, 2016-17”.

“I hold 50 per cent shares in the company. Without the Board of Directors’ approval, no shareholdings can be sold by any of the directors. There is no question of pressuring anybody. As far as selling the company’s assets are concerned, I have evidence to prove that it was, in fact, Nishant (Sharma) who has offered to sell this company in the past,” Shreedhar told The Indian Express.

As differences over the company spun out of control, it culminated in a series of FIRs. Two of these FIRs are based on Sharma’s complaints that he was attacked on two separate occasions – in Gurgaon, at his parents’ home, on August 25; and then, on October 27, while he was on his way from McLeodganj to Bhagsunag.

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In the second case, Sharma alleged that the assailants allegedly threatened him to withdraw his earlier complaint. The same day, hours earlier, Sharma got 15 missed calls from DGP Kundu’s office’s landline number, followed by a WhatsApp message from Palampur SHO Sandeep Sharma asking Sharma to call back on the landline number “because the DGP wanted to talk to him”.

Sharma says he called back and spoke to Kundu, who asked him to come to Shimla and meet him. While Sharma said Kundu’s tone was “intimidating”, the DGP told the High Court that he “only requested Nishant to come to Shimla” and that the businessman refused, saying he was going to Malaysia. Kundu added in court that the conversation between both of them was “cordial” and there were no calls exchanged between them henceforth.

Sharma with his wife Jessica in Palampur, Himachal Pradesh. (Express Photo by Kamleshwar Singh)

DGP Kundu did not respond to calls by The Indian Express seeking his version.

Sharma alleges a delay in the registration of FIRs based on his complaints and says the matter came to light only after he sent emails to the Chief Justice of the Himachal Pradesh High Court and the Chief Minister accusing Kundu of intimidating him on the behest of Shreedhar.

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“It was only when the High Court took note of the email I sent and initiated proceedings that the FIRs were registered at McLeodganj (November 16, 2023) and Gurgaon (November 27),” says Sharma, who accused Shreedhar and Sachin Shreedhar (a former IPS officer) of carrying out the attacks on him and his family members.

While Sachin Shreedhar wasn’t available for comments, K D Shreedhar told The Indian Express that “Sachin has never met Nishant in his entire life”.

After Sharma named Sachin Shreedhar in his police complaint in Gurgaon and Kangra, on the basis of which FIRs were registered at both places, the latter filed a defamation suit against the businessman saying that he had never engaged or communicated with him. Based on Sachin Shreedhar’s suit, a Delhi court had issued a notice to Sharma.

After the High Court took note of the matter, Shimla’s Superintendent of Police Sanjeev Gandhi filed a status report in the court, and highlighted that nine calls were exchanged between K D Shreedhar and DGP Kundu in September, October and November – the longest one, of 256 seconds, made on October 25, two days before Sharma alleges he was attacked in McLeodganj.

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While “setting aside” the High Court’s directions of transferring DGP Kundu out of his post, the Supreme Court directed the state government to consider constituting a Special Investigation Team (SIT) comprising Inspector General of Police-rank officers and also added that the SIT shall not report to DGP Kundu. The Supreme Court also directed the state government to provide adequate security to Nishant Sharma and his family members and “to continue to do so based on its evaluation of the threat perception”.

Calling the allegations of orchestrating an alleged attack on Sharma “absurd”, Shreedhar said, “It is absolutely absurd. The matter is being investigated by the police and I have full faith in the investigating agency. The truth will come out. Since the matter is already in the court, I would not like to comment anything on the ongoing investigation”.

Superintendent of Police (Shimla) Sanjeev Gandhi said, “The details of the investigation cannot be disclosed in public. I did my duty and that’s it.”

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