SHIMLA: High Court of Himachal Pradesh has dismissed the pleas filed by Shri Sanjay Kundu and Ms. Shalini Agnihotri to recall the court's order dated 26.12.2023.
The order had directed the transfer of Shri Sanjay Kundu from the post of Director General of Police (DGP) and Ms. Shalini Agnihotri from the position of Superintendent of Police, Kangra, in light of ongoing investigations related to a businessman's FIR.
Pronouncing order here today, after hearing the mattet yesterday, the division bench of HP High Court Chief Justice M.S. Ramachandra Rao and Judge Jyotsna Rewal Dua passed the order in the case. Senior advocate Neeraj Gupta and advocate Vedant Ranta were the Amicus curiae in the case.
The court observed a prima facie dereliction of duty on Ms. Shalini Agnihotri's part, alleging that she conducted a preliminary inquiry without proper authority.
The court found her conduct lacking in sensitivity, urgency, and prompt action, and as a result, the order against her was upheld.
Moreover, the court rejected the pleas of both Shri Sanjay Kundu and Ms. Shalini Agnihotri to transfer the investigations to the Central Bureau of Investigation (CBI). The court emphasized the sparing use of the power to transfer investigations to an external agency and cautioned against using it to serve personal interests.
The court directed the State Government to ensure effective protection for the complainant, Shri Nishant Sharma, and his family.
It further recommended the formation of a Special Investigation Team (SIT) comprising IG level officers to coordinate the investigations in all relevant FIRs and provide security to Nishant Sharma and his family.
The case is scheduled for the next hearing on 28.2.2024, with fresh status reports expected from the respondents.
Nishant Sharma, the complainant in FIR No.55/2023, who hails from Palampur expressed concerns about the lack of seriousness in the investigation. He alleged ineffective security measures and delays in providing protection.
The Superintendent of Police, Kangra, Ms. Shalini Agnihotri, faced criticism for her handling of the situation following a threat to Nishant Sharma's life.
The High Court addressed the concerns raised against Ms. Shalini Agnihotri, emphasizing that the petition aims to ensure a fair investigation, not to scrutinize unrelated conduct.
Delays in her response, the timing of her actions, and potential lapses in urgency were noted by the court.
The petitioner, Nishant Sharma, accused Shri Sanjay Kundu, DGP of Himachal Pradesh, of using intimidation and pressure in a civil dispute.
The court highlighted legal precedents stating that police officers shouldn't interfere in civil matters. Shri Sanjay Kundu was reassigned to a different post in the Ayush Department by the State Government to ensure fair investigations.
Respondents include Mr. Anup Rattan, Advocate General, and a team of lawyers for respondent no.1 and 3. Senior Advocate Mr. Sanjay Jain and team represent Mr. Sanjay Kundu (respondent No.4), while Sr. Advocate Mr. Shrawan Dogra and Mr. Tejasvi Dogra represent Ms. Shalini Agnihotri (respondent no.5).
