The Himachal Pradesh High Court has asked the state government to transfer the Director General of Police (DGP) and the Kangra Superintendent of Police to prevent any potential influence on the investigation into a complaint filed by a Palampur-based businessman, Nishant Sharma, regarding threats to his life.
A bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, justified its intervention citing “exceptional circumstances,” especially when the Home Secretary had seemingly ignored crucial material presented in the case.
Nishant Sharma, in his complaint lodged on October 28, alleged threats to himself, his family, and property from business partners. He also raised concerns about the conduct of DGP Sanjay Kundu, accusing him of making phone calls and summoning him to Shimla.
The bench directed, “Shift them (the DGP and the Kangra police chief) to other posts where they would not have any opportunity to influence the investigation in the case.”
The court expressed satisfaction with its intervention, given the “exceptional circumstances” and the apparent disregard by the Home Secretary for the presented material.
The High Court had taken suo moto cognizance on November 10 of another complaint filed by Sharma with the Shimla Superintendent of Police, two days after the DGP filed a defamation case against him.
Sharma’s complaint detailed an attack by business partners in Gurugram on August 25, involving influential individuals from Himachal Pradesh. He alleged that after the attack, the DGP compelled him to come to Shimla, and he faced further threats in Dharamshala.
The businessman demanded an independent and unbiased investigation, urging the lodging of an FIR against all involved parties, including the DGP.
In response, the DGP filed a defamation case on November 4, accusing Sharma of harming his reputation. The court observed delays in the investigation by the Kangra SP and noted that an FIR was registered only after a court notice on November 16.
The court found evidence suggesting the DGP’s communication with an alleged business partner of the complainant, expressing concern over the Home Secretary’s inaction despite ample opportunity to assess the situation.
During the December 21 hearing, the Advocate General claimed a fair and unbiased investigation, but the Amicus Curiae insisted on potential unfairness based on material collected by the Shimla SP.
In his defamation complaint, DGP Sanjay Kundu accused Sharma of making false allegations with the intent to harm his reputation. A case under relevant sections of the IPC was registered against the businessman.
