Transfer Tussle in Himachal Pradesh: High Court Rejects Plea of Former DGP and SP Kangra

Transfer Tussle in Himachal Pradesh: High Court Rejects Plea of Former DGP and SP Kangra

Shimla, January 9, 2024: In a significant development that has shaken the corridors of power in Himachal Pradesh, the High Court has dismissed the transfer recall plea filed by former Director General of Police (DGP) Sanjay Kundu and Superintendent of Police (SP) Kangra, Shalini Agnihotri. This decision comes after the Supreme Court directed the officers to approach the High Court in an attempt to reverse the transfer orders issued previously.

A Tangled Web of Business Disputes and Allegations:

The case at the heart of this legal saga is embroiled in a web of business disputes and alleged police misconduct. Nishant Sharma, a businessman from Palampur, Kangra district, filed a complaint accusing his business partner and, to his shock, DGP Kundu of exerting undue pressure. Sharma further claimed to have received persistent calls from the DGP’s office, adding to his growing sense of unease. To make matters worse, Sharma faced threatening encounters in both Haryana and Kangra, leaving him fearing for his safety. Despite his pleas, the Kangra police initially refused to register his complaint, prompting him to seek the intervention of the High Court.

High Court Steps In, Orders Transfers:

Taking cognizance of Sharma’s plight, the Himachal Pradesh High Court swiftly intervened. Recognizing the seriousness of the matter, the court directed the Kangra police to register Sharma’s complaint. Following a thorough investigation and based on the subsequent reports submitted by the police, the High Court made a bold move – it ordered the transfer of both DGP Kundu and SP Agnihotri from their respective positions.

Supreme Court Directs Recall Plea, High Court Holds its Ground:

Unsatisfied with the High Court’s decision, DGP Kundu and SP Agnihotri challenged the transfer orders in the Supreme Court. While acknowledging the High Court’s authority to transfer officers, the apex court, in a nuanced judgment, directed the officers to file a recall application in the High Court itself. However, the High Court, after reviewing the recall plea, remained unmoved and upheld its earlier decision, dealing a blow to the officers’ hopes of returning to their previous positions.

Current Status and Future Developments:

While the High Court has rejected the recall plea, it has allowed the government to retain the current investigation officer in the case. This ongoing investigation holds the key to unraveling the truth behind the allegations against DGP Kundu and SP Agnihotri. The next status report in the case is expected on February 28, 2024, and is likely to be keenly awaited by all parties involved.

A Case with Wider Implications:

The Himachal Pradesh High Court’s decision has sent shockwaves through the state’s police establishment and beyond. It serves as a reminder of the High Court’s power to hold senior police officers accountable, even in the face of challenges from the highest court in the land. The case also highlights the importance of police impartiality and responsiveness to concerns of citizens, particularly when faced with potentially powerful individuals. As the investigation progresses and further details emerge, it will be crucial to ensure that justice is served, not just for Nishant Sharma but for the upholding of the rule of law in Himachal Pradesh.