Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP

The Supreme Court on Friday (April 19) stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police (SP), Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu.  

The Supreme Court bench comprising CJI DY Chandrachud and Justice JB Pardiwala heard the matter. SP Agnihotri was represented by Senior Advocate Mr Sidharth Dave

"The High Court is seized of these proceedings, the report of SIT would have to be submitted before the High Court. We direct that pending disposal by the High Court, the order 9.1.24 in relation to the petitioner shall remain stayed." 

Additionally, the Court directed to transfer the security protection of the complainant to the Additional Director General of Police (ADGP) instead of SP Agnihotri. The complainant submitted before the Court that he apprehends restraints of his privacy and personal liberty under the garb of security protection entrusted to SP Agnihotri. 

The Himachal Pradesh High Court bench comprising Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua on January 9 dismissed the plea filed by Shalini Agnihotri (petitioner herein) who was transferred outside the post of Kangra's Superintendent of Police. The said order was passed in a suo motu proceedings initiated on a complaint made by a resident of Kangra District Mr Nishant Sharma alleging a threat to his life by a former IPS officer and a practising lawyer. It was the contention of Mr Sharma that SP Agnihotri failed to act efficiently in registering the FIR since the complaint was made on 28.10.2023 but the FIR was filed belatedly on 16.11.2023 after the High Court's intervention.  

The High Court observed that Agnihotri being the Superintendent was expected to show some diligence and sensitivity. 

It may be recalled that the Apex Court in January had set aside the order of the Himachal Pradesh High Court transferring Sanjay Kundu IPS from the post of DGP of the State on the allegation that he was interfering with the fair investigation of the present case filed by the complainant.  

Setting aside the initial order of transfer and the subsequent refusal of the High Court to recall the first order, the Supreme Court said that the proper course of action was to hear the matter afresh, by recalling the first ex-parte order, instead of affording a "post-decisional" hearing. 

The High Court passed the order on December 26, 2023, in a suo motu proceeding initiated on a letter petition sent by a businessman apprehending a threat to his life by a former IPS officer and a practising lawyer. The complainant alleged that the petitioner was interfering with the investigation. The High Court ordered the transfer of the DGP and Kangra SP, observing that it was necessary to ensure fair investigation of the complainant's case. Finding that the High Court passed the order without hearing the officer, the Supreme Court, on January 3, stayed the order and granted liberty to Kundu to approach the High Court seeking recall of the earlier order. On January 9, the High Court dismissed the recall application and directed the constitution of a SIT to investigate the businessman's complaint.  

Even while setting aside the High Court's direction for the transfer of the DGP, the Supreme Court did not interfere with the HC directions to transfer the investigation to SIT. The Supreme Court however clarified that the petitioner shall not influence the working of the SIT. 

Case Details : SHALINI AGNIHOTRI vs. HIGH COURT OF HIMACHAL PRADESH SLP(Crl) No. 003917 - / 2024 

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