Relief for Shimla SP Sanjeev Gandhi after HC finds affidavit misquoted unconstitutional NDPS provision
TNR News Network
SHIMLA:
The Himachal Pradesh High Court has accepted the unconditional apology tendered by IPS officer Sanjeev Kumar Gandhi, currently serving as the Shimla Superintendent of Police. The court also quashed a show-cause notice issued to him for submitting an affidavit that allegedly misled the court by invoking a provision of law previously struck down by the Supreme Court.
The matter emerged during the hearing of a criminal appeal related to the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The appellant, Guddu Ram, had sought a suspension of sentence, to which the Himachal Pradesh government filed a written opposition. Supporting the government’s stand, an affidavit was submitted by the Shimla SP.
However, the High Court, while reviewing the response, found that the affidavit cited a provision of the NDPS Act that had already been declared unconstitutional by the Supreme Court. The state’s reliance on that defunct provision, repeated in the affidavit, was deemed by the court as an attempt to mislead the judicial process.
HC takes serious view; show-cause notice issued
Justice Rakesh Kainthla, presiding over the matter, took strong exception to the affidavit and observed that it prima facie appeared to be false. The high court further noted that such a submission could potentially compromise the integrity of the legal process.
In response, a show-cause notice was issued to Sanjeev Gandhi, asking him to explain within three weeks why contempt or disciplinary proceedings should not be initiated against him for submitting a misleading sworn statement.
In compliance with the high court’s directive, Sanjeev Gandhi submitted a formal response accompanied by an unconditional apology, acknowledging the inadvertent error and expressing regret for the oversight. After considering the apology and the circumstances of the case, the High Court decided to accept the apology in good faith and quashed the notice, bringing the matter to a close.
