The Supreme Court on Friday set aside the Himachal Pradesh High Court order to shift Director General of State Police (DGP) Sanjay Kundu, following the allegations that he tried to pressure a businessman to withdraw his complaint relating to a business dispute and the apprehension of threat to his life.

Holding that the High Court had “no jurisdiction” to pass such a direction to shift out DGP Kundu, Chief Justice DY Chandrachud, heading a bench also comprising Justice JB Pardiwala and Justice Manoj Misra, however, directed Kundu to stay away from the investigation by a Special Investigation Team (SIT) headed by an Inspector General of Police as ordered by the High Court.

The apex court directed that Kundu shall exercise no control whatsoever over the probe which is to be carried out in the matter by the SIT.

Stating that the High Court should not have passed an order removing the DGP without issuing notice to him and hearing him, the top court said, “The consequences of shifting out a senior IPS officer (DGP) are serious. Such an order for transfer could not have been passed without giving an opportunity to the petitioner (DGP Kundu before the Supreme Court) to contest the proceedings against him and let him file his response …” and the High Court order suffers from the error of jurisdiction.

In furtherance of the High Court order, Kundu was posted as Principal Secretary, Ayush Department.

Not interfering with the High Court order setting up an SIT to investigate the allegations made by a Palampur-based businessman engaged in hotel business, the top court directed the State government to provide adequate security to the complainant businessman and his family.

The top court order came while hearing Kundu’s plea challenging the January 9, 2024, order of the High Court which had dismissed his petition for recall of the earlier direction to remove him from the post of DGP.

On January 9, 2024, the High Court had dismissed Kundu and Kangra Superintendent of Police (SP) Shalini Agnihotri plea to recall its order of December 26, 2023, that directed their transfer so that they don’t influence the probe in the case.

The High Court had also turned down their plea for a CBI probe instead of investigation by the SIT.

The High Court had on December 26, 2023, ordered the State government to shift the DGP and Kangra Superintendent of Police Shalini Agnihotri to other posts before January 4, 2024 to ensure that “they didn’t have an opportunity to influence the investigation.”

On January 3, 2024, the top court stayed the High Court order to shift Kundu to another post. It had ordered that the posting of Kundu as Ayush Principal Secretary shall not be given effect to for now.

The January 3, 2024, direction of the top court had come while noting that the officer was not heard before the adverse directive was issued against him. It had asked the High Court to decide Kundu’s application for recall of the December 26, 2023, order within two weeks.

In an email, the businessman had complained to the High Court that he and his family feared for their lives as he was attacked in Gurugram and in McLeodganj.

He had sought the High Court’s intervention on the grounds that he needed protection from powerful people as he was living in constant fear of being killed.