In a relief to senior IPS officer Sanjay Kundu, the Supreme Court on Friday set aside the Himachal Pradesh High Court direction to remove him from the post of state DGP over allegations that he tried to pressure a businessman who claimed to have received a threat to his life from his partners.
Observing that the consequences of shifting out an IPS officer from the post of DGP are "serious", a bench headed by Chief Justice D Y Chandrachud directed the state government to constitute a special investigation team (SIT) consisting of IG-level officers to coordinate the probe into the FIRs lodged in the matter.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, passed the order while hearing Kundu's plea challenging the January 9 order of the high court which had dismissed his petition for recall of the December 26 last year direction to remove him from the post of Director General of Police (DGP).
The apex court said it was not inclined to disturb the directions of the high court about constitution of an SIT and to provide adequate security to the complainant and his family.
"However, 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.
While setting aside the high court's direction to remove him from the post of DGP, the apex court directed that Kundu shall exercise no control whatsoever in respect of the probe which is to be carried out by the SIT.
"Instead and in place of the direction of the high court requiring the state government to consider constituting an SIT, we issue a direction to the state government to do so. The SIT shall consist of IG-level officers who shall not report to the petitioner (Kundu) for the purpose of the investigation," it said.
It directed the state to provide adequate security to the complainant and his family and continue to do so based on evaluation of threat perception.
"We clarify that since the investigation has been directed to be carried out by the SIT, we are not expressing any opinion on the merits of allegations which shall be duly investigated in accordance with law," the bench said.
The bench noted the submissions of senior advocate Mukul Rohatgi, who appeared for the IPS officer and referred to a blast which took place on July 18 last year in Shimla which resulted in the loss of two lives and injuries to others.
The petitioner claimed the blast, which was investigated under the supervision of Superintendent of Police (SP) Shimla, was reported to have been caused by explosion of an LPG cylinder.
The bench noted Kundu had addressed a communication to the Additional Secretary of the union home ministry requesting that the post-blast investigation be entrusted to the National Bomb Data Centre of the National Security Guard (NSG).
It noted that according to the petitioner, he had addressed a communication to the chief secretary alleging negligence on the part of SP Shimla in respect of the explosion.
"In a subsequent communication..., the petitioner recorded that he had requisitioned the NSG to carry out a post-blast investigation since there was a high probability of the use of an IED including RDX which was detected at the site," the bench noted in its order.
The Supreme Court noted that the high court had relied upon the Shimla SP's report on the matter involving the businessman while rejecting Kundu's recall application.
In its order, the bench said it must express its reservations about the manner in which the high court took up the matter ex-parte and issued direction at the first instance for transferring Kundu out of the post of DGP.
It observed that such an order could not have been passed without giving an opportunity to the petitioner to contest the allegations against him.
"The correct course of action for the high court would have been to recall its ex-parte order dated December 26, 2023…," it said, adding the matter could have been heard afresh by granting opportunity to all the parties to place their perspective before the high court.
The bench made clear that it was desisting from expressing any opinion on the allegations which are made against the petitioner or the allegations which Kundu has made against the SP Shimla.
On January 9, in a setback to Kundu and Kangra SP Shalini Agnihotri, the high court had dismissed their petition to recall its order of December 26 for 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.
Following the high court's direction of December 26, 2023, an order transferring Kundu as the state's Ayush department principal secretary was issued by the Himachal Pradesh governor.
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On January 3, the top court had stayed the order asking the state to remove him from the post of the DGP and asked him to file a recall application before the high court.
