HPPCL chief engineer death case: HC withdraws police security to ASI as panel submits ‘no threat to life’

“In such circumstances, the respondent State (Himachal Pradesh) cannot force the detenue (ASI Pankaj Sharma) to stay in the Police Lines at Kaithu, as he is not in custody in any criminal matter,” the division bench of Chief Justice GS Sandhawalia and Justice Ranjan Sharma ordered on September 5.

The division bench was hearing a criminal petition filed by Manjana Sharma, the wife of the suspended ASI, alleging that her husband was “being kept in illegal police custody under the guise of providing security”.

The bench also considered the submission made by CBI counsel Advocate Janesh Mahajan, who stated that pursuant to the regular case registered by the CBI on May 26, the detenue is not required by the agency at this point.

On May 26, the CBI had lodged a fresh FIR in connection with the mysterious death of Vimal Negi.

The court further noted, “Counsel for the State also could not, as such, bring forth any material to show that his stay at Kaithu Police Lines is mandatory during the term of his suspension. It is only that he is required to report for duty at the said Police Lines as per the suspension order. The detenue has agreed to this fact and will report for duty at Kaithu, and mark his presence, after which he will be allowed to return to his home. Thus, ASI Pankaj Sharma is required to be set free. It is made clear that the petitioner and her husband, the detenue, who are present in the Court, are free to go to their residence on their own from the Court premises without being escorted by any police guard in any form.”

The next hearing has been scheduled for October 10.

ASI Pankaj Sharma was suspended on May 19, four days before the investigation into the death of Vimal Negi was transferred to the Central Bureau of Investigation (CBI) on May 23.

The ASI was found involved in misplacing a pen drive from the body of Vimal Negi, who was found dead at Bhakra Dam in Bilaspur district on March 18, ten days after he had gone missing from Shimla. The ASI was placed under police security and under 24×7 CCTV surveillance at the Kaithu Police Lines on May 24. Four policemen, including one Head Constable and three Constables, had been deployed for the ASI’s security.

In its report, the JSRC also stated, “After detailed deliberations, the JSRC unanimously decided that existing security measures may be withdrawn as there is no threat to him, as per the threat assessment by all the agencies.”

The JSRC comprised DGP Ashok Tewari, ADGP (Law & Order) Abhishek Trivedi, ADGP (CID) Gyaneshwar Singh, IG (Intelligence) Santosh Patial, Assistant Director SIB RC Thakur, and Deputy Commissioner Special Branch Arun Kumar as its members.

The committee held a security review meeting to assess the threat perception to the ASI, following an August 20 direction of the High Court, directing the state government to immediately review the “coercive” restrictions imposed on the suspended ASI, who is under investigation by the CBI in connection with the death of Vimal Negi.

The direction was issued on a petition filed by the ASI, claiming that his “fundamental rights under Article 21 of the Constitution of India were being curtailed”.