Big relief to Sanjay Kundu, SC sets aside HC order removing him as Himachal DGP

The Supreme Court on Friday set aside the Himachal Pradesh High Court’s order to oust senior IPS officer Sanjay Kundu from the position of state DGP.
The allegations against Kundu involve accusations of pressuring Nishant Sharma, a Palampur based businessman who claimed to be under threat.

A bench of Chief Justice D Y Chandrachud along with Justices JB Pardiwala and Manoj Misra passed the order while hearing Kundu’s plea challenging the high court’s January 9 order, which rejected his petition to recall the earlier directive for his removal from the DGP post.

“However, 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 remarked.

While setting aside the high court’s removal direction, the apex court mandated that Kundu must have no control over the investigation to be conducted by a special investigation team (SIT) comprising an IG-level officer. The bench instructed the state government to form the SIT.

On January 9, in a setback to Kundu and Kangra Superintendent of Police (SP) Shalini Agnihotri, the high court had rejected their plea to recall its December 26, 2023 order directing their transfer to prevent influence on the case investigation. The high court also denied their request for a CBI probe, disapproving of the officers’ conduct, stating that the DGP’s attempt to settle the dispute appeared to be a questionable exercise of power. The high court noted prima facie dereliction of duty on Agnihotri’s part.

On January 3, the top court stayed the order directing the state government to remove Kundu from the DGP post, directing him to file a recall application before the high court.