SC refuses to interfere with orders in threat case, junks Himachal govt plea
SC refuses to interfere with orders in threat case, junks Himachal govt plea
New Delhi, 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 B V 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 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.
Rattan said the high court directed for adding some additional sections in the FIR.
Justice Nagarathna said, "Now that the investigation is completed, why should this court interfere? You go before the high court."
On September 23, 2024, the high court was dissatisfied with the probe of the SIT team comprising two inspector general rank officers–Santosh Kumar Patial and Abhishek Dular 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 high court 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 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 police station, Shimla , district Shimla and in FIR..registered at the Police Station, McLeodganj, District Kangra, HP".
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 post of the director general of police over allegations that he tried to pressure a businessman who claimed he received threat to his life from his partners.
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 its order, the high court also said it was intervening due to "exceptional circumstances, more particularly when the respondent home secretary had chosen to turn a blind eye" to the material presented in the case.
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.
The businessman alleged in the October 28, 2023 complaint that he was attacked by his business partners in Gurugram on August 25, 2023 and that two influential persons from Himachal Pradesh, including a former IPS officer, were also involved.
This article was generated from an automated news agency feed without modifications to text.
