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Supreme Court stays transfer of Himachal DGP to Ayush department

The Supreme Court on Wednesday stayed the order of the Himachal Pradesh High Court asking the state government to shift IPS (Indian Police Service) officer Sanjay Kundu from the post of Director General of Police (DGP) to State’s Ayush department as the Principal Secretary. Reportedly, the decision to transfer him was taken to stop him from influencing the investigation into the alleged harassment of Palampur businessman Nishant Sharma.

The bench headed by Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra stated that the order passed by the State pursuant to the High Court decision should not be given effect to until the Himachal Pradesh High Court takes a call on the recall application moved by Sanjay Kundu.  

The Supreme Court bench also granted liberty to Sanjay Kundu to move the high court to seek recall of its December 26 order. The apex court requested the high court to dispose of the recall application within two weeks. The High Court is expected to hear the matter on January 4.

The Himachal Pradesh High Court 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 Palampur 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.

Appearing for Sanjay Kundu, senior advocate Mukul Rohtagi submitted before the top court today that the High Court had ordered the DGP’s transfer without hearing him or implementing him as a party to the case before it. He added that the calls were only from the landline and therefore, sought interim relief. 

Meanwhile, the counsel representing the complainant submitted that the DGP had called him multiple times. Sanjay Kundu’s advocate, Mukul Rohtagi also suggested that the matter could be probed by CBI. Taking into account the submissions, the court granted the interim relief to the DGP and stayed the High Court direction. 

On Tuesday, Sanjay Kundu was removed from the post of Himachal DGP and posted as Principal Secretary, Ayush department.

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