SC stays Himachal Pradesh HC order to shift DGP Sanjay Kundu on businessman's complaint

A bench headed by Chief Justice D Y Chandrachud granted liberty to Kundu to move the high court to seek recall of its December 26 order.

New Delhi: The Supreme Court on Wednesday stayed the Himachal Pradesh High Court's order to shift State police chief Sanjay Kundu following a complaint by a Palampur businessman.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the high court to decide senior IPS officer Kundu's application for recall within two weeks.

Kundu was removed on Tuesday from the post of Himachal DGP and posted as principal secretary, Ayush.

The bench said that Kundu’s posting as Ayush principal secretary should not be given effect to for now.

Considering a plea by Kundu, the court noted that the high court will hear the case on Thursday and the principal grievance is that the high court ordered DGP’s transfer without hearing him or having him impleaded in the case.

"Till a decision on the petitioner’s recall application, the high court order on transfer shall remain stayed. Since the petitioner’s new posting is pursuant to the impugned order of the high court, no steps shall be taken,” the bench, said.

Senior advocate Mukul Rohatgi for the DGP questioned the high court’s order to shift him to ensure that he didn’t influence the probe into the alleged harassment of Palampur businessman Nishant Sharma.

He said Kundu was set to retire in less than four months and an adverse order of the present nature would blemish his 35-year-long career.

Rohatgi contended that Kundu had tried to mediate between Sharma and a senior advocate, embroiled in a private dispute. He said the officer spoke to Sharma only once using his official landline phone. The officer had nothing to do with the dispute between the two, and that Kundu was willing to have the CBI probe the matter.

The complainant's counsel claimed the DGP exerted pressure on his client and put him under surveillance.

On December 26, the high court had ordered the state government to shift the DGP and Kangra SP Shalini Agnihotri to other posts before January 4 to ensure that “they don't have an opportunity to influence the investigation”.

In an email complaint to the high court, the man alleged that he and his family feared for their lives as he was “attacked in Gurugram and in McLeodganj”. The complainant sought the high court’s intervention on the grounds that he “needed protection from powerful people”.