Senior IPS officer appeals to Supreme Court against removal as Himachal DGP per High Court directive

Senior IPS officer appeals to Supreme Court against removal as Himachal DGP per High Court directive

The Supreme Court is set to examine a petition filed by senior IPS officer Sanjay Kundu challenging his dismissal as the Director General of Police (DGP) in Himachal Pradesh. The case revolves around accusations that Kundu attempted to exert pressure on a businessman who claimed to have received threats from his partners.

The bench of CJI DY Chandrachud, JB Pardiwala and Manoj Misra, has agreed to hear the plea, emphasizing its extraordinary nature.

Senior advocate Mukul Rohatgi, representing Kundu, argued that the case was exceptional, given that the high court did not hear Kundu before directing his transfer on December 26. The Himachal Pradesh High Court had ordered the state government to shift Kundu and the Kangra superintendent of police to avoid influencing an investigation into the businessman's complaint about a threat to his life.

In response to the high court's directive, Kundu was subsequently transferred to the Ayush department as principal secretary. The businessman, Nishant Sharma, had alleged threats to himself, his family, and property from his business partners and raised questions about Kundu's conduct.

The high court, intervening due to "exceptional circumstances," emphasized the need to reassign the DGP and Kangra police chief to prevent interference with the investigation. The businessman's complaint, filed on October 28, detailed an attack by his business partners in Gurugram and implicated influential individuals from Himachal Pradesh.

The court noted that the Shimla superintendent of police had shown little progress in the investigation, deliberately delaying the registration of an FIR. The court also observed that the DGP had allegedly attempted to contact the complainant multiple times, putting him under surveillance and filing an FIR against him.

The Supreme Court's decision to hear Kundu's petition underscores the complexity of the case and the need to address the issues raised regarding the investigation and the DGP's removal.

The matter is scheduled for consideration on Wednesday.

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