Himachal bizman threat case: Top court refuses to interfere with HC orders
Palampur-based businessman Nishant Sharma had in 2023 alleged threat to him, his family and property from his business partners. He had questioned the conduct of ex-DGP Kundu.
The Supreme Court on Monday refused to interfere with an order restraining the police team to file a chargesheet against a former senior police official and state officers for allegedly threatening a businessman to sell his family’s shares in a private firm.
A bench of Justices BV Nagarathna and Satish Chandra Sharma said it would not like to interfere with the orders of the Himachal Pradesh high court.
Advocate general Anup Kumar Rattan said a special investigation team (SIT), constituted by the high court to look into the allegations made by the complainant businessman, completed the probe and it needs to file the chargesheet before the jurisdictional courts. The bench said the matter was still pending before the high court, which would examine the aspect of filing chargesheets.
On September 23, 2024, the high court was dissatisfied with the probe of the SIT team and ordered further investigation in the FIRs, which also accused former Himachal Pradesh director general of police Sanjay Kundu of allegedly conniving with private parties in pressurising the businessman.
The HC had taken note of two adverse reports filed by incumbent DGP Atul Verma on the manner in which the investigation was done over the complaint of the businessman and directed the inclusion of one more officer in the SIT and addition of Section 384 and 387 (extortion) in the FIRs.
However, the September 23, 2024 order for further investigation was stayed by the apex court on October 1, 2024 on Kundu’s plea.
The high court on May 22, 2024 restrained the SIT from filing the chargesheet saying, “Till further orders, final report shall not be filed by the SIT...registered by the Shimla (East) police station and in FIR..registered at the McLeodganj police station in Kangra.”
Kundu, who superannuated from the post of DGP on April 30, 2024, challenged the September 23, 2024 order of the high court in the top court and the matter is pending.
On January 3, last year, the top court granted relief to Kundu and stayed the high court’s December 26, 2023 order asking the state government to remove him from the DGP post. The top court had asked Kundu to move the high court with a recall application but it was also later dismissed.
The high court had on December 26, 2023 directed the state government to shift the state police chief and the Kangra superintendent of police so they don’t influence a probe into the businessman’s complaint about threat to his life.
In his complaint filed on October 28, 2023, Palampur-based businessman Nishant Sharma alleged threat to him, his family and property from his business partners. He had also questioned the conduct of Kundu, alleging that the officer made phone calls to him and asked him to come over to Shimla. Sharma also alleged that he was attacked by his business partners in Gurugram on August 25, 2023.
