The Supreme Court on Wednesday stayed the direction of the Himachal Pradesh High Court asking the state government to shift senior IPS officer Sanjay Kundu from the position of Director General of Police (DGP) in order to prevent any potential influence on the investigation into the alleged harassment of Palampur businessman Nishant Sharma.
The bench, comprising Chief Justice D Y Chandrachud along with Justices JB Pardiwala and Manoj Misra, granted Kundu the liberty to approach the high court to seek a recall of its December 26 order.
The court specified that the direction to transfer Kundu from the DGP post would remain stayed until the recall application is disposed of by the high court. The Apex Court urged the high court to resolve the recall application within two weeks.
On Tuesday, the Supreme Court had agreed to hear a petition filed by Kundu challenging his removal as the DGP of Himachal Pradesh, following a high court order that alleged he attempted to pressure a businessman claiming threats to his life from associates. Kundu’s lawyer argued before the apex court that the matter was “extraordinary” as the high court did not hear the officer before instructing the state government to relocate him.
In compliance with the high court’s directive, the Himachal Pradesh governor issued an order on Tuesday transferring Kundu to the state’s Ayush department as principal secretary. The high court had mandated the state government to transfer both the state police chief and Kangra superintendent of police Shalini Agnihotri to prevent any influence on an investigation into a businessman’s complaint about a threat to his life.
The businessman had sought intervention from the High Court, expressing the need for protection against influential individuals, as he lived in constant fear of potential harm. While issuing the order, the High Court clarified that it was not expressing any opinion on the merits of the claims, as the investigation was still ongoing.
