Supreme Court agrees to hear Himachal DGP Sanjay Kundu’s plea against his removal

The Supreme Court has agreed to consider the plea filed on January 3 by Himachal Pradesh Director General of Police Sanjay Kundu, challenging the High Court’s directive to reassign him to a different position to prevent any potential influence on the investigation into the alleged harassment of Palampur businessman Nishant Sharma. The bench, consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has scheduled the hearing for January 3, following a request for urgent listing by senior advocate Mukul Rohatgi, who is representing Kundu.

Rohatgi asserted that the High Court issued the order on December 26 without affording the police officer an opportunity to present his side. He stated, “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.” The Supreme Court, acknowledging the urgency, agreed to hear the case on Wednesday as per Rohatgi’s request.

In response to the High Court’s directive, Sanjay Kundu was removed from the position of Himachal DGP and appointed as Principal Secretary, Ayush department. The High Court, on December 26, instructed the state government to reassign both the DGP and Kangra Superintendent of Police Shalini Agnihotri to alternative roles before January 4, 2024, to prevent any potential influence on the ongoing investigation.

The businessman, Nishant Sharma, sought the intervention of the High Court, expressing the need for protection against influential individuals, citing constant fear for his life. The High Court clarified that its order did not express any opinion on the merits of the claims made by the parties, as the investigation was still underway.