E-Paper
SC reinstates Himachal DGP, stay HC order
The Supreme Court has reinstated Himachal Pradesh's director general of police, Sanjay Kundu, after the high court ordered him to be moved to another post. The Supreme Court stated that the high court's decision was not compliant with natural justice principles and suffered from a "patent error of jurisdiction." This is the second time in 10 days that the Supreme Court has intervened in Kundu's case. The court also upheld the high court's order for the state government to set up a special investigation team.
New Delhi The Supreme Court on Friday reinstated Himachal Pradesh’s director general of police (DGP) Sanjay Kundu, who was ordered by the high court to be shifted to some other post after a complaint by a Palampur businessman alleged that the officer had tried to exert pressure on him in an ongoing criminal probe.
Setting aside the high court’s January 9 order, a bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, held that the high court decision suffered from “patent error of jurisdiction” and was not compliant with the principles of natural justice.
This is the second time in 10 days that the top court has come to the aid of Kundu in the matter at hand. The high court first directed on December 26, 2023 that Kundu be moved out of his present post. But the Supreme Court, on January 3, stayed this order and asked the high court to give an audience to Kundu before taking a call afresh. On January 9, the high court once again ruled in favour of shifting Kundu, and rejected the IPS officer’s plea to recall the earlier order.
Adjudicating Kundu’s appeal against the January 9 order, the top court on Friday lamented that instead of hearing the case from scratch with an open mind, the high court went by old status reports that indicted the officer relying upon previous proceedings.
“The correct course of action would have been for the high court to recall its ex parte order and hear the matter afresh. Instead, the high court in the impugned order has substantially gone by the earlier status reports. The high court’s order suffers from a patent error of jurisdiction since an order of serious consequences was passed emanating from its directions that were not compliant with principles of natural justice,” stated the bench, which also comprised justiced JB Pardiwala and Manoj Misra.
A post-decisional hearing, the bench underlined, is liable to cause serious disquiet as there has been no fresh application of mind to hear Kundu who was not heard at the first instance when the December 26 order was passed by the high court.
Holding that it would be “inappropriate to maintain the high court order to shift the DGP out”, the top court also emphasised that the consequences of shifting out an IPS officer as DGP are serious and any adverse order affect such officer’s career and reputation.
The bench, however, chose not to interfere with the high court’s order to the state government for considering the constitution of a special investigation team (SIT), comprising officers of inspector general level, to coordinate investigation in all the FIRs registered in the episode.
“We are now directing the state government to set up the SIT,” said the bench, clarifying Kundu shall exercise no control over the SIT as the DGP of the state. The court further maintained the high court order of giving security to the complainant businessman and his family.
On December 26, the high court directed the state government to shift the state police chief and the Kangra superintendent of police so that they do not influence the probe in a complaint by Palampur businessman Nishant Sharma. In his complaint on October 28, Sharma alleged a threat to him, his family and property from his business partners. He also questioned the conduct of Kundu, alleging the officer made phone calls to him, and asked him to come to Shimla.
Complying with the high court order, the state government on January 2 briefly posted Kundu as principal secretary in the Ayush department.
