High Court Rejects Plea of Former Himachal Pradesh DGP and Kangra SP in Transfer Case

High Court Rejects Plea of Former Himachal Pradesh DGP and Kangra SP in Transfer Case

Shimla, January 9, 2024: In a significant development with far-reaching implications for police accountability and judicial oversight, the Himachal Pradesh High Court has dismissed the recall application filed by former Director General of Police (DGP) Sanjay Kundu and Superintendent of Police (SP) Kangra, Shalini Agnihotri. This decision comes after the Supreme Court directed the officers to challenge the transfer orders issued by the High Court in a case involving a businessman’s complaint of pressure and threats.

The case centers around Nishant Sharma, a businessman from Palampur in the Kangra district of Himachal Pradesh. Sharma was embroiled in a dispute with his business partner, and he alleged that DGP Kundu exerted undue pressure on him during this period. Furthermore, Sharma faced a barrage of calls from the DGP’s office and experienced threatening encounters with unidentified individuals in both Haryana and Kangra. Fearing for his safety, Sharma filed a complaint with the Kangra police, but his initial plea was ignored.

Taking cognizance of Sharma’s complaint and the alleged inaction of the Kangra police, the Himachal Pradesh High Court intervened. The court directed the police to register the case and initiate a thorough investigation. Based on the investigation and subsequent reports submitted by the Shimla and Kangra police, the High Court concluded that the conduct of DGP Kundu and SP Agnihotri raised serious concerns about their impartiality and ability to uphold the law. Consequently, the High Court ordered the transfer of both officers from their respective positions.

DGP Kundu and SP Agnihotri challenged the High Court’s transfer order in the Supreme Court. While acknowledging the High Court’s authority to transfer officers, the Supreme Court directed the officers to file a recall application in the High Court itself. However, the High Court, in a detailed and reasoned judgment, dismissed their plea, upholding its earlier decision.

While the High Court has rejected the recall application, it has allowed the government to retain the current investigation officer in the case. This suggests that the investigation into Sharma’s complaint will continue, and further developments are expected in the coming weeks. The next status report in the case is scheduled for February 28, 2024.

The High Court’s decision has significant implications for police accountability and judicial oversight in Himachal Pradesh. It sends a strong message that police officers, regardless of their rank or position, will be held accountable for their actions and potential misconduct. Furthermore, the decision reaffirms the High Court’s authority to intervene and ensure that police investigations are conducted impartially and effectively.

The Himachal Pradesh High Court’s decision in the case of DGP Kundu and SP Agnihotri is a landmark ruling that underscores the importance of judicial oversight and police accountability. It sets a precedent for future cases involving allegations of police misconduct and serves as a reminder that police officers are not above the law. The ongoing investigation into Sharma’s complaint is likely to shed further light on the events surrounding the case, and the next status report in February is eagerly awaited.