The Supreme Court has taken a decisive step in the case involving Sanjay Kundu, an IPS officer who faced removal from his role as Director General of Police (DGP) in Himachal Pradesh. The bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Mishra, has temporarily halted Kundu's removal, which was ordered by the State government in compliance with a High Court directive.

Kundu's ousting from the DGP position has been put on hold until the Himachal Pradesh High Court can deliberate on his application for recall, scheduled for January 4. The High Court had originally issued an order on December 26, instructing the State government to transfer both the DGP and the Superintendent of Police, Kangra, to other assignments to ensure an impartial investigation into allegations made by a businessman.

The businessman had claimed threats arising from a business dispute, prompting the High Court to take suo motu action. The court's decision was based on reports from the Shimla Superintendent of Police, indicating that the DGP had been in communication with the complainant's business partner and had attempted to reach the complainant. Furthermore, the court found evidence suggesting surveillance of the complainant and the filing of a case against him by the DGP.

In challenging the High Court's decision, Sanjay Kundu argued that he was not given an opportunity to be heard before the transfer order was issued. Senior advocate Mukul Rohtagi, representing Kundu, pointed out that the alleged calls were limited to a landline and proposed that the Central Bureau of Investigation (CBI) could conduct a thorough inquiry.

The complainant's counsel insisted on the seriousness of the case, citing procedural lapses and expressing reluctance to pursue action against the DGP within the current police framework. In response, the Supreme Court granted interim relief to Kundu, staying the High Court's transfer order until a decision is reached on the recall application. The court also considered the nature of the allegations and suggested that the CBI might not be the most suitable investigative body for the case.

Case: SANJAY KUNDU vs REGISTRAR GENERAL & ORS.

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 54019/2023.

Click to read/download order.