This marks the second phase of legal proceedings in the case before the highest court, which previously issued a stay on the High Court’s ruling to oust Kundu from the position of DGP.
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NEW DELHI: In a significant development in the Indian legal landscape, Sanjay Kundu, an Indian Police Service (IPS) officer, has escalated his legal battle to the Supreme Court, challenging a directive from the Himachal Pradesh High Court that sought his removal from the prestigious position of Director-General of Police (DGP).
The controversy originated from a ruling on December 26, 2023, by the Himachal Pradesh High Court, which ordered Kundu’s removal as DGP. This decision was in response to allegations made by a businessman who claimed he and his family were threatened due to a business dispute. Kundu was accused of intervening in this civil matter, allegedly favoring a senior lawyer.
Responding to these developments, Kundu approached the Supreme Court, which, on January 3, provisionally halted the High Court’s order. The Supreme Court’s interim stay meant that the December 26 directive would not be enforced until the High Court reviewed a recall application regarding the same matter. However, on December 9, the High Court heard and subsequently rejected this recall application.
The division bench, comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, expressed serious concerns over Kundu’s involvement in a private civil dispute. They emphasized that such interference by a senior police officer was highly improper and not within the scope of his official duties.
Kundu defended his actions in the High Court, stating that he had intervened
“in good faith and motivated by principles of police-led mediation.”
He claimed his involvement followed a request from his old acquaintance, Senior Advocate KD Shreedhar, concerning the business dispute.
The complainant, Nishant Sharma, alleged that Shreedhar and his brother, through the DGP, were exerting pressure on him to sell his and his father’s shares in a private company. The High Court, in its judgment, noted that Shreedhar was not in a position where he couldn’t seek legal remedies and suggested that Kundu’s attempt to settle the dispute appeared to be a misuse of his power and authority.
In a twist to the ongoing legal drama, the State government, on a recent Tuesday, opposed Kundu’s application for the recall of the order against him. This development adds another layer of complexity to the case, highlighting the intricate balance of power and responsibility within the Indian legal and law enforcement systems.
The High Court argued that Shreedhar was not financially disadvantaged and could access legal remedies-
“At request of such a person, the attempt of Shri Sanjay Kundu, IPS to attempt to settle the dispute seems to be a colourable exercise of his power and authority prima facie,” the Court opined
The case, now pending in the Supreme Court, is being closely watched, as it involves critical questions about the limits of police authority, the independence of the judiciary, and the intricate dynamics of power in civil disputes. The outcome of this case could set a significant precedent for the role and responsibilities of high-ranking police officials in India.
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