October 6, 2024
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HC orders transfer of Himachal DGP Kundu, Kangra SP to ensure ‘fair justice’

Acts tough in case involving allegations levelled by Palampur businessman Nishant

Shimla: In a groundbreaking development in Himachal Pradesh, the High Court has taken decisive action to guarantee a fair investigation into a case laden with serious allegations. The case centers around an email from Nishant Kumar Sharma, a resident of Palampur, who claimed life threats from two influential individuals, known as X (a former IPS officer) and Y (a practicing lawyer) mentioned in orders.

Nishant, part of a business family running a hotel, alleged financial coercion and threats.

Despite Sharma’s email sent on 28.10.2023, the police’s failure to promptly register an FIR raised concerns. The High Court, after taking up the case (CR WP no.14 OF 2023), expressed dissatisfaction with the sluggish progress and directed the authorities to file status reports.

The court-appointed amicus curiae, Neeraj Gupta, underscored the necessity of a fair investigation and raised suspicions about the Director General of Police’s potential influence.

Highlighting the police’s delayed response and questioning the underutilization of collected material, the court expressed apprehension about the investigation’s fairness.

Emphasising the principle that justice must not only be done but must be seen to be done, the High Court, in an unprecedented move, directed the state government to reassign the current officers holding the posts of Director General of Police and the concerned Superintendent of Police.

This transfer aims to place them in positions where they cannot exert influence over the ongoing investigation.

The High Court’s intervention signifies a commitment to upholding the rule of law, ensuring justice, and eliminating potential biases. The reconstitution of the investigation team, overseen by a retired High Court Judge, seeks to maintain public trust in the justice system, ensuring transparency and an impartial, time-bound inquiry.

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