SC to Hear Senior IPS Officer’s Plea Challenging his Removal as Himachal DGP

The Supreme Court has agreed to hear a plea on Wednesday filed by Sanjay Kundu, Director General of Police in Himachal Pradesh. Kundu challenges the High Court’s directive to reassign him to another position, aiming to prevent any potential influence on the investigation into the alleged harassment of Palampur businessman Nishant Sharma.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra has agreed to hear the plea on January 3 after senior advocate Mukul Rohatgi, representing Kundu, sought urgent listing of the case.

Rohatgi brought to the court’s attention that the police officer was not given an opportunity to present his case before the High Court, which issued the order on December 26, directing the state government to transfer Kundu.

Rohatgi emphasized, “According to the High Court, he (DGP) should be transferred out of his post in regard to some inquiry that is to be taken without hearing us.”

On Tuesday, Sanjay Kundu was relieved of his position as Himachal DGP and reassigned as Principal Secretary in the Ayush department.

The Himachal Pradesh High Court’s order on December 26 mandated the state government to transfer both the DGP and Kangra Superintendent of Police Shalini Agnihotri to alternative positions by January 4, 2024, ensuring that they do not exert any influence on the ongoing investigation.

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.