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Journalism of Courage
The Supreme Court has agreed to hear on Wednesday a plea by former Himachal Pradesh police chief Sanjay Kundu challenging the state High Court order which directed that he be shifted out of the post to ensure a fair probe into a businessman’s complaint about a threat to his life.
The plea challenging the December 25, 2023, Himachal Pradesh High Court order was mentioned before a bench presided by Chief Justice of India D Y Chandrachud.
Appearing for Kundu, Senior Advocate Mukul Rohatgi termed it an “extraordinary matter” and said the HC had passed the order “without hearing us”.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, acceded to the request that the matter be heard on Wednesday.
On November 11, 2023, the HC had taken suo moto notice of an October 28 email complaint filed by Palampur businessman Nishant Kumar Sharma, alleging a threat to his life from influential individuals.
Sharma had also sent a written complaint to Himachal Pradesh Chief Secretary Prabodh Saxena and Kangra Superintendent of Police Shalini Agnihotri, mentioning some calls to his phone. Citing specific phone numbers, he wrote, “…the first two phone numbers are from the office of the DGP, Himachal Pradesh, the last two phone numbers are of DSP and SHO Palampur respectively.”
Sharma alleged two affluent individuals, including a former IPS officer and a practising lawyer, were coercing him and his father to sell their company through intimidation and force. The businessman recounted a harrowing incident where he and his young child narrowly escaped an orchestrated attack on them at his parents’ residence in Gurugram.
Hearing Sharma’s plea, the HC called for a status report. After perusing the report filed by the police, the Himachal High Court ordered that the DGP and SP Kangra Shalini Agnihotri be shifted.
The HC said “in the interest of justice and to ensure fairness of investigation” and also keeping in mind the principle, “justice must not only be done but must be seen to be done”. “We are of the opinion that it would be desirable that the present incumbents holding posts of both the Director General of Police, HP, and SP Kangra, be moved to other posts to ensure that fair investigation happens in the FIRs registered.”
The HC also clarified, “We are not expressing any opinion on the merits of the claims of the parties since the investigation is still not complete”.
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