New Delhi: The Supreme Court Wednesday stayed the Himachal Pradesh High Court order to shift Director General of Police (DGP) Sanjay Kundu following a complaint by a Palampur businessman. The apex court asked the high court to decide Kundu's application for recall within 2 weeks. Kundu was removed Tuesday from the post of Himachal DGP and posted as principal secretary, Ayush.
A bench led by Chief Justice of India D Y Chandrachud said that Kundu’s posting as Ayush principal secretary should not be given effect for now. The bench, also comprising Justices J B Pardiwala and Manoj Misra, was considering a plea by Kundu, who was moved out of his position.
The bench noted that it has been informed that the high court will hear the case tomorrow and the principal grievance is that high court has ordered DGP’s transfer without hearing him or having him impleaded in the case.
The bench said, “we order and direct that: liberty granted to petitioner to move the high court when the case is taken up tomorrow with an application for recall of the order. We request the high court to dispose of the recall application within 2 weeks…..Till the recall application is disposed of, the high court order directing transfer out of the post of DGP Himachal Pradesh shall remain stayed”.
Senior advocate Mukul Rohatgi represented the DGP before the apex court. Kundu on Monday had moved the apex court against the state high court’s order to shift him to ensure that he didn’t influence the probe into the alleged harassment of Palampur businessman Nishant Sharma.
On December 26, the Himachal Pradesh High Court had ordered the state government to shift the DGP and Kangra SP Shalini Agnihotri to other posts before January 4 to ensure that “they don't have an opportunity to influence the investigation”.
The complainant , in an email complaint to the high court, alleged that he and his family feared for their lives as he was “attacked in Gurugram and in McLeodganj”. The complainant sought the high court’s intervention on the grounds that he “needed protection from powerful people”.
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