SC sets aside HC order to remove IPS officer Sanjay Kundu as Himachal DGP

New Delhi [India], January 12 : The Supreme Court on Friday set aside the Himachal Pradesh High Court order to shift senior IPS officer Sanjay Kundu from the post of Director General of Police (DGP) over allegations that he tried to pressure a businessman who claimed to have received a threat to his life.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra directed the state government to constitute the Special Investigation Team (SIT).
While setting aside the High Court's direction to remove Kundu from the post of DGP, the bench directed that Kundu shall exercise no control whatsoever in respect of the probe, which is to be carried out in the matter by an IG-level officer.
"At this stage, it would be inappropriate to maintain the order of the high court directing that the petitioner (Kundu) be shifted out of the post of DGP in pursuance of the earlier order dated December 26, 2023, which stands affirmed on the dismissal of the recall application," the bench said.
The order of the apex court came while hearing Kundu's plea challenging the January 9 order of the High Court, which had dismissed his petition for recall of the earlier direction to remove him from the post of DGP.
On January 9, the High Court dismissed the plea of Kundu and Kangra Superintendent of Police (SP) Shalini Agnihotri to recall its order of December 26, 2023, that directed their transfer so that they don't influence the probe in the case.
The High Court had also turned down their request for a CBI probe.
On January 3, the apex court stayed the Himachal Pradesh High Court order to shift Kundu to another post. It had ordered that Kundu's posting as Ayush Principal Secretary not take effect for now.
The direction of the apex court came while noting that the officer was not heard before the adverse directive was issued against him. It had asked the High Court to decide Kundu's application for recall of the December 26 order within two weeks.
Earlier, Kundu had approached the top court, challenging the High Court's order to shift him to another post to ensure that he didn't influence the probe.
Sanjay Kundu was removed on January 2 from the post of Himachal DGP and posted as Principal Secretary, Ayush Department.
The Himachal Pradesh High Court had 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."
In an email, the businessman made a complaint to the High Court alleging that he and his family feared for their lives as he was attacked in Gurugram and in McLeodganj.
He 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.
While passing the order, the High Court, however, made it clear that it was not expressing any opinion on the merits of the claims of the parties as the investigation was still incomplete.