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Legal News 27 December 2023

Businessman’s complaint alleging threat to life from police chief and Kangra Superintendent of Police, HP HC orders to shift influential individuals

On December 26, 2023 (Tuesday), the Himachal Pradesh High Court issued directions to the government to shift state police chief Sanjay Kundu and Kangra Superintendent of Police Shalini Agnihotri to ensure that they do not influence the probe into a complaint (threat to life) of businessman. The directions were issued in context to the Palampur-based businessman Nishant Sharma’s complaint via email alleging a threat to his life, family, and property from influential individuals. 

The matter was heard by a division bench of the HP HC consisting of Justice Jyotsna Rewal Dua and Justice M.S. Ramachandra Rao. The bench ordered, “In the interest of justice and to ensure fairness of the investigation and also keeping in mind the principle the ‘justice must not only be done but must be seen to be done’, we are of the opinion that it would be desirable that present incumbents holding posts of both the Director General of Police, HP and SP, Kangra, be moved to other posts to ensure that fair investigation happens in the FIRs registered.” 

During the proceedings, it was observed that Businessman Sharma has also sent a written complaint to the Chief Secretary of HP and Kangra SP, Prabodh Saxena, and Shalini Agnihotri respectively, citing specific calls on his mobile phone. He wrote, “...the first two phone numbers are from the office of the DGP, Himachal Pradesh, the last two phone numbers are of DSP and SHO Palampur respectively.” After hearing the arguments, the bench ordered to shift state police chief and Kangra Superintendent of Police to ensure the fairness of the investigation.

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