The Supreme Court on Wednesday stayed the transfer of IPS officer Sanjay Kundu from the post of Director General of Police (DGP), Himachal Pradesh.

Hearing a Special Leave Petition filed by Kudu, an apex court bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, granted liberty to Sanjay Kundu to move the Himachal Pradesh High Court, when the proceedings are taken up on January 4, with an application for recall of the order dated December 26, 2023.

The bench added, “We request the High Court to dispose of the recall application within a period of two weeks. Till the recall application is disposed of, the direction for the transfer of the petitioner (Sanjay Kundu) out of the post of Director General of Police, Himachal Pradesh shall remain stayed.”

After the high court order, the Himachal Pradesh government had transferred Kundu as principal secretary Ayush on January 2 and gave the charge of DGP to ADGP Satwant Atwal. However, the bench said, “The Court has been apprised of the fact that on January 2, 2024, the petitioner (Sanjay Kundu) has, in compliance with the order of the High Court, been posted as Principal Secretary (Ayush), Government of Himachal Pradesh. Since the above posting is in pursuance of the impugned order of the High Court, we also direct that pending the disposal of the recall application, no steps shall be taken to enforce the order dated January 2, 2024.”

The Himachal Pradesh High Court, on December 26, 2023, had directed that Kundu and SP Kangra Shalini Agnihotri should be moved out from their respective posts in the matter regarding alleged threats to a businessman.

“The High Court has issued the above directions after recording a finding that the Petitioner (Sanjay Kundu) in his capacity of the Director General of Police unfairly obstructed the course of an investigation,” observed the Supreme Court.

During the hearing on Wednesday, Senior Counsel Mukul Rohatgi, appearing on behalf of Kundu, submitted that the high court passed the order directing the transfer without either Kundu being impleaded or being given an opportunity of being heard to rebut the allegations which were made against him in the email by businessman Nishant Kumar Sharma.

The high court had suo moto taken the cognisance of an email sent by Sharma.

Both Rohatgi and the counsel appearing on behalf of businessman, Rahul Sharma, stated that they have no objection if the investigation is transferred to the Central Bureau of Investigation to obviate any allegation of interference at the behest of Sanjay Kundu.

In his email to the high court, Sharma had alleged that there was a threat to his life from two people, one of them a retired IPS officer and another is a practicing lawyer. He runs a hotel in Palampur. The lawyer was allegedly trying to extort money from him by using the influence of the retired IPS officer.

Sharma and his two-and-half-year-old baby had allegedly faced an attack at his parents’ house in Gurugram on August 25, 2023. Then, on October 27, 2023, he was allegedly threatened when he, along with his wife and infant son, was on his way back to Mcleodganj from Bhagsunag.

He had claimed that he was getting consistent phone calls from the office of the DGP, and also from the DSP, SHO, Palampur. The High Court had relied on status reports for taking action against Kundu and SP Kangra.