Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order]

NEW DELHI: The Supreme Court has suspended the Himachal Pradesh High Court's order to remove State police head Sanjay Kundu following a complaint by a Palampur businessman.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the high court to decide senior IPS officer Kundu's application for recall within two weeks.

Following the December 26, 2023 order, Kundu was removed on Tuesday from the post of Himachal DGP and posted as principal secretary, Ayush.

The bench said that Kundu’s posting as Ayush principal secretary should not be given effect to for now.

Taking up a plea by Kundu, the court noted that the high court will hear the case on Thursday and the principal grievance is that high court has ordered DGP’s transfer without hearing him or having him impleaded in the case.

"Till a decision on the petitioner’s recall application, the high court order on transfer shall remain stayed. Since the petitioner’s new posting is pursuant to the impugned order of the high court, no steps shall be taken,” the bench, said.

Appearing for Kundu, senior advocate Mukul Rohatgi challenged the high court’s order to shift him to ensure that he didn’t influence the probe into the alleged harassment of Palampur businessman Nishant Sharma.

He said Kundu would retire in less than four months and an adverse order of the present nature would blemish his 35-year-long career when his client was at no fault.

Rohatgi contended the petitioner is willing for a CBI probe into matter as he had tried to mediate between Sharma and a senior advocate, embroiled in a private dispute. He said the officer spoke to Sharma only once using his official landline phone. The officer had nothing to do with the dispute between the two.

The complainant's counsel claimed the DGP used pressure on his client and put him under surveillance.

On December 26, the high court had ordered the state government to shift the DGP and Kangra SP Shalini Agnihotri to other posts before January 4  to ensure that “they don't have an opportunity to influence the investigation”.

The complaint sent an email to the high court, alleging that he and his family feared for their lives as he was “attacked in Gurugram and in McLeodganj”. The complainant sought the high court’s intervention on the grounds that he “needed protection from powerful people”.

[Read Order]