HPPCL Chief Engineer Death: Wife moves HC, wants to be informed in advance if state challenges CBI probe order

“Therefore, the presence of the caveator is necessary before the passing of any interim order,” she submitted.

In her caveat petition, Kiran Negi submitted that she was not satisfied with the investigation conducted by the state police in the FIR registered at the Chhota Shimla Police Station and had therefore filed a Criminal Writ Petition (CWP), “asserting that the investigation by the state police suffers from grave deficiencies and apparent bias, raising serious doubts about its impartiality and effectiveness.”

The high court, allowing a petition filed by Kiran Negi, on Friday handed over the probe into Negi’s death to the CBI while noting that the state police chief in his status report had raised “grave concerns about the mode and manner in which the investigation is being carried out” by an SIT that was led by Shimla’s Superintendent of Police. The court also ordered that no officer of the Himachal Pradesh cadre shall be part of the investigating team that may be constituted by the CBI.

Kiran Negi has filed the caveat through her counsel, including Senior Advocate RK Bawa, Advocate Vivekanand Negi, and others. Home Secretary, DGP, SP Shimla and HPPCL have been pleaded as respondents.

Advocate General Anup Kumar Rattan, who represented the state in the HC, tsaid, “The state government has sought an opinion from me on whether the HC order can be challenged or not. I am studying the order. I will reply to the government within a day or two”.

Negi had gone missing on March 10 and his body was found on March 18. Kiran Negi had alleged that his seniors had harassed him for the past six months and had demanded a CBI probe, a request that was shot down by the state government. The government, instead had formed the Gandhi-led SIT, which was rejected by Negi’s family. The case stirred a political storm in the hill state, with the opposition BJP alleging a cover-up.

While handing over the probe to the CBI, the court said it was “appalled by the mode and manner” in which the investigation by the state police was proceeding. The bench also took note that an inquiry by the Additional Chief Secretary had flagged serious discrepancies linked to the Phekhubella Solar Power Project in Una district. Yet, the SIT’s affidavit failed to explore this angle. “The affidavit is silent on the alleged coercion to release payments or extend favours to the project,” the order stated.

Further, the court criticised the SIT for failing to investigate leads flagged by the ACS within 15 days of his inquiry. “The SIT was constituted on March 19 but has not gone beyond identifying that the deceased faced ‘improper behaviour’. No substantial probe has been undertaken,” the court noted.