Case Title: Sanjay Kundu v. Registrar General, High Court of Himachal Pradesh & Ors
Case No: Special Leave Petition (Criminal) No. 550-551 2024
Decided on: 12th January, 2024
CORAM: THE HON’BLE MR. CHIEF JUSTICE OF INDIA DR D.Y. CHANDRACHUD, HON’BLE MR. JUSTICE J B PARDIWALA AND HON’BLE MR. JUSTICE MANOJ MISRA
Facts of the Case
Sanjay Kundu appealed to the Supreme Court after the Himachal Pradesh High Court, on January 9, 2024, rejected his plea to reconsider a directive removing him from the position of Director General of Police (DGP). The removal stemmed from allegations that he had attempted to exert influence on a businessman claiming to have received threats from his partners. In a setback for both Kundu and Kangra SP Shalini Agnihotri, the high court recently dismissed their petition to reconsider its December 26, 2023 order mandating their transfer to prevent any impact on the ongoing investigation. The high court also rejected their plea for a CBI inquiry and instead ordered the formation of a Special Investigation Team (SIT), comprising officers of the inspector general level, to oversee the investigations within a two-week timeframe.
On January 3, the Supreme Court temporarily halted the order for Kundu’s removal as DGP, instructing him to submit a recall application to the high court. The proceedings in the high court were initiated based on an email from Nishant K Sharma, a resident of Palampur, submitted to the Chief Justice on October 28, 2023. The complainant alleged physical assault, a phone call from the DGP office, and messages from the SP and SHO of Palampur. The complainant claimed that the DGP wanted to speak with him and asked him to visit Shimla.
Issue
The case centers around the removal of Sanjay Kundu, Himachal Pradesh’s DGP, over allegations of pressuring a businessman. The Supreme Court temporarily halted his removal and considered related issues, including the rejection of a petition to reconsider the transfer order and the choice of a Special Investigation Team (SIT) over a CBI probe.
Court’s analysis and decision
The Supreme Court has overturned the decision of the Himachal Pradesh High Court, which had ordered the relocation of State Director General of Police (DGP) Sanjay Kundu based on allegations made by a businessman from Palampur. The businessman had claimed threats to himself and his family. The Supreme Court, led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, emphasized the gravity of transferring an IPS officer and stated that such an order should not be issued without giving the concerned party an opportunity to present their case. The court suggested that the appropriate action for the High Court, when dealing with a recall order, should have been to set it aside and allow both parties to present their perspectives before making a decision.
The Supreme Court observed that, in reviewing Sanjay Kundu’s recall application, the High Court heavily depended on status reports previously presented and cited in its earlier directive. “The procedure adopted by the High Court is fundamentally flawed, as any order with significant repercussions must adhere to the principles of natural justice,” stated the bench led by Chief Justice of India.
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Written by- Afshan Ahmad
