Supreme Court accepts hearing on Himachal’s DGP Sanjay Kundu’s dismissal appeal

The Supreme Court has scheduled a hearing for January 3 on the plea filed by Himachal Pradesh Director General of Police Sanjay Kundu. He contested a High Court decision mandating his transfer to a different position to prevent any potential influence on the investigation concerning the alleged harassment of businessman Nishant Sharma in Palampur.

The bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra granted the urgent request for case listing made by senior advocate Mukul Rohatgi, representing Kundu.
Rohatgi mentioned the matter today before the top court, saying the police officer was not heard by the High Court, which before passing the order on December 26, directed the state government to shift him.

Rohatgi said, “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 apex court, which agreed to hear the case today itself, said it would hear it on Wednesday at the request of Rohatgi. Sanjay Kundu was on Tuesday removed from the post of Himachal DGP and posted as Principal Secretary, Ayush department.

The Himachal Pradesh High Court had on December 26 ordered the State government to shift the DGP and Kangra Superintendent of Police Shalini Agnihotri to other posts before January 4, 2024 to ensure that “they didn’t have an opportunity to influence the investigation”.

The businessman had sought the High Court’s intervention on the grounds that he needed protection from powerful people as he was living in constant fear of being killed.
While passing the order, the High Court, however, made it clear that it was not expressing any opinion on the merits of the claims of the parties as the investigation was still incomplete.