HP High Court said Sanjay Kundu will not return, SP Kangra’s transfer order, petition rejected

Himachal Pradesh High Court refused to withdraw the transfer orders of Director General of Police (DGP) Sanjay Kundu and Superintendent of Police (SP) Kangra Shalini Agnihotri. The court rejected the applications of both the senior officers and said that it did not see any reason why the transfer orders should be withdrawn. A division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua also rejected the pleas of the two officers to hand over the investigation to the CBI.

The court asked the state government to consider constituting a SIT of IG level officers to coordinate the investigation into the FIRs related to the murderous attack on him by Palampur businessman Nishant Sharma and the defamation allegations leveled against him by Sanjay Kundu. Have been ordered to do so. The court also ordered the Home Secretary to ensure that there is no lapse in the security of the businessman. This matter is being heard in the High Court regarding the safety of the businessman and independent investigation of the matter. The next hearing on the case has been scheduled for February 28. Nishant Sharma had demanded from the court to suspend SP Kangra Shalini Agnihotri.

Petitioner Nishant Sharma had accused the SP of negligence in discharging his duties. The DGP had told the court that his only intention in contacting Nishant was that he wanted to resolve the matter by mediating between the two parties. He had told the court that he was going to retire within three months. Therefore, being innocent, we want him to take an honorable retirement. The court disagreed with the arguments of Sanjay Kundu and said that the court cannot forget its constitutional responsibilities keeping in mind the status of an officer. The court said that where there is no independent and impartial investigation, there cannot be a fair trial.

Interim relief was received from the Supreme Court
On December 26, the High Court had ordered the removal of DGP Kundu and SP Shalini from their current posts. After this, Kundu got interim relief from the Supreme Court and obtained a stay order on his transfer. After getting interim relief from the Supreme Court, Kundu had filed an application requesting to withdraw the High Court’s decision of transferring him to some other post. SP Kangra had also filed an application demanding withdrawal of the orders given against him.