SC stays High Court order to transfer Kangra SP

Tribune News Service

Satya Prakash

New Delhi, April 20

The Supreme Court has stayed the Himachal Pradesh High Court’s order transferring Kangra SP Shalini Agnihotri. “We direct that pending the disposal of the proceedings before the High Court, the order dated January 9, 2024, in relation to the petitioner (Agnihotri) shall remain stayed,” a Bench led by Chief Justice of India (CJI) DY Chandrachud ordered on Friday.

However, in view of the apprehension expressed by complainant Nishant Sharma that in the guise of security, his movements could be restrained, the Bench directed that the monitoring of the security arrangements to be provided to him shall be exclusively within the domain of the ADGP, Himachal Pradesh.

“In other words, the petitioner (Agnohotri), who is posted as the Superintendent of Police of Kangra shall not have any role in relation to the security to be provided to Nishant Sharma,” the Bench clarified, allaying his fear that the Kangra SP was monitoring his security.

On behalf of the state of Himachal Pradesh, the Advocate-General assured the court that there was no intention to restrict Sharma’s free movement under the guise of providing security to him. Agnihotri was represented by senior counsel Siddhartha Dave.

Noting that the High Court was still seized of the main proceedings, the top court ordered that “all the submissions of Nishant Sharma, the newly added respondent, may be placed before the High Court so that his grievances can be duly considered in the course of the main proceedings pending before the High Court.”

It said that Sharma would be at liberty to file further affidavit before the High Court, holding his grievances and such documents that he wished to place on record so that his grievances could be duly considered.

The High Court had earlier refused to recall its order to transfer Agnihotri and state DGP Sanjay Kundu.

However, the top court had in January set aside the High Court’s order transferring Kundu from the post of state DGP on the allegation that he was interfering with the fair investigation of a case filed by the complainant.

In a major relief to Kundu, the Supreme Court had on January 12 set aside the Himachal Pradesh High Court’s order removing him from the post of the state’s Director General of Police, saying it went against principles of natural justice as he was not heard.

It had disapproved of the manner in which the High Court passed the initial ex-parte order for Kundu’s transfer and then refused to recall it when it got an opportunity to reconsider it following the top court’s directions.

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