New Delhi: The Supreme Court Friday set aside the Himachal Pradesh High Court order to remove Sanjay Kundu from the post of Director General of Police over allegations that he tried to pressurise a businessman.
A bench led by Chief Justice of India D Y Chandrachud reinstated Sanjay Kundu, transferred as principal secretary Ayush, as DGP of Himachal Pradesh. However, the apex court upheld the High Court order for a detailed SIT probe against DGP for attempting to coerce and threaten a businessman to settle a civil dispute.
The apex court noted that the consequence of shifting out IPS on the post of DGP of a state is serious and such an order cannot have been passed without an opportunity to him to contest the allegations. Senior advocate Mukul Rohatgi appeared for Kundu before the apex court.
Today, the top court said the consequences of shifting out an IPS officer as DGP are serious and "such an order for transfer could not have been passed without an opportunity for the petitioner to contest the proceedings against him and let him file his response ...".
The top court stressed that the HC order suffers from a parent error of jurisdiction in as much as an order passed of serious consequences emanating from its directions that were not compliant with the principles of natural justice. "It would be appropriate to set aside the directions of transfer and refusal to recall the said order," said the bench, also comprising Justices JB Pardiwala and Manoj Misra.
"We direct the investigation that the petitioner shall exercise no control over the investigation carried out by the SIT, so constituted in pursuance to the directions of the high court….the SIT shall consist of IG level officers who shall not report to the petitioner for the purpose of the investigation. The state government directed to provide adequate security to the complainant and members of his family," said the bench.
Kundu moved the Supreme Court against an order of the Himachal Pradesh HC dismissing his plea for recall of a direction to remove him from the post of DGP over allegations that he tried to pressure a businessman who claimed to have received a threat to his life from his partners.
In a setback to Kundu and Kangra SP Shalini Agnihotri, the HC earlier this week dismissed their petition to recall its order of December 26, 2023, which directed their transfer so that they don’t influence the probe in the case. The HC had also turned down their request for a CBI probe and directed the constitution of a special investigation team (SIT), consisting officers of the inspector general level, to coordinate investigations in all FIRs within two weeks.
The top court on January 3, had stayed the order asking the Himachal Pradesh government to remove him from the post of the DGP. The apex court had asked Kundu to file a recall application before the HC.
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