The petition, brought before the Supreme Court, arises from an order issued by the Himachal Pradesh High Court on December 26, 2023.
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The Supreme Court of India has agreed to urgently hear a petition filed by IPS officer Sanjay Kundu, who is challenging an order from the Himachal Pradesh High Court regarding his removal from the position of Director General of Police (DGP) of Himachal Pradesh.
Background of the Case
The petition, brought before the Supreme Court, arises from an order issued by the Himachal Pradesh High Court on December 26, 2023. The High Court directed that Kundu be moved to another post, following its Suo Moto proceedings on a criminal complaint by a resident of Kangra District. The complaint alleged a threat to the complainant’s life by a former IPS officer and a practicing lawyer. The High Court’s decision to transfer Kundu was based on concerns about the fairness of the investigation.
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High Court’s Observations
The High Court bench, comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, noted the exceptional circumstances of the case. They stated,
“In the light of the material available to us in this case till date, we are satisfied that exceptional circumstances do exist for intervening in the matter more particularly when the respondent no.1(State of HP) had chosen to turn a blind eye to the said material for reasons best known to it.”
The bench emphasized the need for fairness in the investigation and the principle that “justice must not only be done but must be seen to be done.”
Supreme Court’s Involvement
Senior Advocate Mukul Rohatgi mentioned the petition before Chief Justice of India DY Chandrachud for urgent listing. Rohatgi highlighted the extraordinary nature of the High Court’s order, which was passed without hearing the officer. Initially, CJI Chandrachud agreed to hear the matter after the completion of the listed matters. However, upon Rohatgi’s request, the CJI agreed to list the petition for the following day.
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Conclusion
The Supreme Court’s decision to hear this urgent petition underscores the importance of ensuring fairness and transparency in judicial proceedings, especially in matters involving high-ranking officials. The outcome of this hearing will be closely watched, as it holds significant implications for the principles of justice and the conduct of investigations in high-profile cases.