Himachal Pradesh High Court rejects plea of DGP Kundu, Kangra SP to recall transfer orders as fallout of businessman Nishant controversy case

Tribune News Service

Pratibha Chauhan

Shimla, January 9

The Himachal Pradesh High Court on Tuesday dismissed the plea of Director General of Police (DGP) Sanjay Kundu and Kangra SP Shalini Agnihotri for recalling the earlier order asking the state government to shift the two out in a complaint filed by a Kangra businessman.

A Division Bench headed by Chief Justice MS Ramachandra Rao delivered the order. The court also asked the government to constitute a special investigation team (SIT) headed by an officer not below the rank of Inspector General within a week to probe the case.

The court also directed that the complainant in the case, Nishant Sharma, and his family, be provided adequate protection as he had apprehended threat to life.

Acting on the directions of the High Court on December 26, 2023, to shift the DGP and the Kangra SP to some other posting to ensure a fair probe into the case, the state government had posted Kundu as Secretary, Ayurveda, and given the charge of Acting DGP to Satwant Atwal, ADGP (Vigilance and CID).

Kangra SP Agnihotri continues to hold the same position till now.

Kundu had filed a petition before the Supreme Court challenging the December 26 order, following which the apex court had stayed the high court’s transfer order till the DGP’s plea was heard.

The court observed that it agreed with the contentions of the Advocate General and the amicus curiae that the case does not fall in the category of cases which would require investigation by the CBI.

The court also asked the government to constitute a Special Investigation Team (SIT) headed by an officer of the rank of Inspector General within a week to coordinate the investigation in all the FIRs in the case.

“There is prima facie dereliction of duty on the part of SP Kangra. She had no authority in law to have a preliminary enquiry done in respect of information about commission of a cognisable offence contained in the complaint made to her by Nishant Sharma on October 28, 2023. Surely, an IPS officer having more than 10 years of service knows the legal position,” the court remarked on the conduct of SP Kangra. 

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