The Supreme Court has set aside the Himachal High Court order to transfer the DGP of the state, Mr. Sanjay Kundu, an IPS officer of 1989 batch, from his post. A three-judge bench headed by Chief Justice (CJI) DY Chandrachud expressed displeasure that the High Court passed the preliminary order ex parte and when approached by the petitioner, the High Court refused to withdraw the earlier order.
The High Court had ordered the transfer of Mr. Kundu from the post of DGP over allegations that he tried to put pressure on a businessman who claimed to have received a threat to his life.
While setting aside both the orders of the High Court, the Supreme Court said that the proper course of action was to withdraw the initial order and hear the case afresh. The bench directed that Mr. Kundu shall exercise no control whatsoever in respect of the probe, which is to be carried out by an IG-level officer.
“At this stage, it would be inappropriate to maintain the order of the high court directing that the petitioner (Kundu) be shifted out of the post of DGP in pursuance of the earlier order dated December 26, 2023, which stands affirmed on the dismissal of the recall application,” the bench said.
The order of the apex court came while hearing Mr. Kundu’s plea challenging the January 9 order of the High Court, which had dismissed his petition for recall of the earlier direction to remove him from the post of DGP.
On January 9, the High Court dismissed the plea of Mr. Kundu and Kangra Superintendent of Police (SP) Ms. Shalini Agnihotri to recall its order of December 26, 2023, that directed their transfer so that they don’t influence the probe in the case. The High Court had also turned down their request for a CBI probe.
The Supreme Court rejected the High Court’s direction to transfer the DGP but did not interfere with the direction to transfer the investigation to the SIT. The Supreme Court clarified that the petitioners will not influence the functioning of the SIT. The Supreme Court ordered that the petitioners will not exercise any control over the SIT constituted in compliance with the directions of the High Court. The Court said that the state should form a SIT with IG level officers who should not contact the petitioner and ensure the safety of the complainant and his family members.
