Himachal High Court orders shifting of DGP Kundu, Kangra SP

Shimla : In an embarrassment for the state government, the Himachal Pradesh High Court on Tuesday directed it to shift Director General of Police Sanjay Kundu and Kangra Superintendent of Police Shalini Agnihotri so they "do not have any opportunity to influence investigation in an alleged intimidation of a businessman".

The 17-page order of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua came on a complaint of Palampur-based businessman Nishant Sharma, who alleged threat to his and his family’s life and levelled allegations against DGP Kundu, a 1989-batch IPS officer.

"We are of the opinion that it would desirable that the Director General of Police, Himachal Pradesh, and the Kangra Superintendent of Police be shifted out to ensure that fair investigation happens in the FIRs registered," the court said, while directing the Home Secretary to shift the two Indian Police Service (IPS) officers to some other posts.

However, the court was categorically clear in saying they were not expressing any opinion on the merits of the claims of the parties as the investigation "is still not complete" but "in the interest of justice and to ensure fairness of investigation, and also keeping in mind the principle that justice must not only be done, but must also be seen to be done".

After the high court took cognisance of the case, the Kangra police had registered an FIR on November 17 for wrongful restraint, intentionally causing hurt, criminal intimidation and criminal act against several people.

Sharma, in his complaint, had alleged threat to him, his family and property from his partners and cited an incident of “brutal attack” on him in Gurugram on August 25, saying two influential people of Himachal, including a former IPS officer, were identified in the CCTV footage.

"I came to Palampur in Kangra district after the attack but the DGP called me up from his official number and forced me to come to Shimla, and on the same day two criminals stopped me in Dharamsala and threaten to harm my two-and-half-year-old child and wife," he has alleged.

"I drove to the house of the Superintendent of Police in Dharamsala and narrated the plight to her and gave her my complaint but nothing has been done so far," he has alleged.

After a case had been registered against him, he demanded an independent investigation and lodging of an FIR, including against the DGP. However, the DGP has filed an FIR against Sharma, accusing him of trying to defame and tarnish his image by dragging his name in the complaint.