In a setback to Himachal Pradesh DGP Sanjay Kundu and Kangra SP Shalini Agnihotri, the Himachal Pradesh High Court dismissed their review petition on Tuesday seeking recall of its order of December 26, 2023, directing their transfer so that they don’t influence the probe into a businessman’s complaint about the alleged threat to his life.
The high court also directed the constitution of a Special Investigation Team (SIT) consisting of officers of the Inspector General level to coordinate investigations in all FIRs within two weeks.
A bench comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua had heard the arguments on the petition on January 5, 2024, and reserved the judgment.
The court also directed that adequate and effective security be provided to the complainant – Palampur business Nishant Sharma- and his family. It reiterated that it was not expressing any opinion on the merits of the claims of the parties as the investigation is still not complete.
Kundu had challenged the orders of the high court and filed a Special Leave Petition in the Supreme Court, contending that he was not impleaded as a party in the case and not heard by this bench on the allegations made against him in the email of October 28, 2023, by Nishant Sharma.
An apex court bench headed by Chief Justice D Y Chandrachud had on January 3 granted liberty to Kundu to move the high court to seek recall of its December 26 order.
The bench had ordered a stay on the direction for the transfer of Kundu from the post of Director General of Police (DGP), pending the high court’s decision on the recall application.
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