On Tuesday, the High Court of Himachal Pradesh directed the state government to shift the state police chief & the Kangra superintendent of police so that they do not influence the probe in a businessman's complaint about threat to his life.In its order, the court also said it was intervening due to "exceptional circumstances" in the matter, "more particularly when the respondent Home Secretary had chosen to turn a blind eye" to material presented in the case.
In his complaint filed on October 28, Palampur-based businessman Nishant Sharma alleged threat to him, his family & property from his business partners. He had also questioned the conduct of Director General of Police Sanjay Kundu, alleging the officer made phone calls to him, & asked him to come to Shimla.A division bench of Chief Justice M S Ramachandra Rao & Justice Jyotsna Rewal Dua said, "Shift them (the DGP & the Kangra police chief) to other posts where they would not have any opportunity to influence the investigation in the case".The Order said, "In the light of the material available to us in this case till date, we are satisfied that exceptional circumstances do exist for intervening in the matter, more particularly when the respondent Home Secretary had chosen to turn a blind eye to the said material for reasons best known to it".
The High Court had on Nov 10 taken suo moto cognisance of another complaint filed by Sharma with the Shimla superintendent of police, two days after the DGP filed a defamation case against the businessman.
The businessman had alleged in the October 28 complaint that he was attacked by his business partners in Gurugram on August 25, & that two influential persons from Himachal Pradesh, including a former IPS officer, were also involved.He said that after the attack he came to Palampur in Kangra district, but the DGP called him up from his official number & "forced me to come to Shimla"."On the same day two criminals stop me at Mcleodganj in Dharamshala & threaten to harm my two-and-half-year old kid & wife," the businessman has alleged.
"I drove to the house of the Superintendent of Police, Kangra (Shalini Agnihotri) at Dharamshala & narrated the plight to her & gave her my complaint but nothing has been done so far," he claimed in his complaint.
"I demand an independent & unbiased investigation & lodging of an FIR against everyone, including the DGP. This is the only way you would be able to apprehend this whole gang of extortionists," he had said, marking the complaint to others including the chief justice of the high court.The DGP filed a defamation case against the businessman on November 4, accusing him of harming his reputation & attempting to malign his image.The Court observed that the SP, Kangra, showed very little progress in the investigation after having deliberately delayed the registration of FIR till November 16, despite having received a complaint on October 28 through an email from the complainant.
Earlier, on November 10, the HC issued a notice to SPs of Shimla & Kangra to file a status report by November 16. It was only then that the Mcleodganj Police Station at Dharamshala filed an FIR against unknown persons on Sharma’s complaint.
The court observed that the material collected by the Shimla superintendent of police prima facie indicates that the DGP had been in touch with an alleged business partner of the complainant.The DGP had allegedly repeatedly attempted to contact the complainant on October 27 (fifteen missed calls) & had put the complainant under surveillance & filed FIR against the complainant, it said.
The Court observed that the Home secretary had ample opportunity to study the status reports filed the SPs of Kangra & Shimla & take a call on continuance of the present Director General of Police in the highest post but he did not move even his "little finger in the matter".
During the hearing on December 21, the Advocate General said the investigation was being done fairly & uninfluenced by the office of the DGP but Amicus Curiae Neeraj Gupta insisted that the investigation cannot remain fair in the light of the material collected during investigation by Shimla SP.In his defamation complaint, DGP Sanjay Kundu said Sharma had on Oct 29 shot a off letter on his official email, marking copies to other officials, in which he made false allegations with intentions to harm his reputation & tarnish his image.
A case under sections 211 (false charge of offence made with intent to injure), 469 (forgery for purpose of harming reputation), 499 (defamation) & 500 of the IPC was registered against the businessman.
TAGS: Himachal Pradesh High Court Transfer Order State Police ChiefExceptional Circumstances High Court Intervention Police Officials Shifting
