The Supreme Court has issued a stay on the Himachal Pradesh High Court’s directive to transfer Kangra SP Shalini Agnihotri, pending further proceedings. Security measures for complainant Nishant Sharma will be overseen exclusively by the Himachal Pradesh Additional General of Police.
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NEW DELHI: Recently, The decision by the Himachal Pradesh High Court regarding the transfer of Kangra district Superintendent of Police, Shalini Agnihotri, has been temporarily suspended by the Supreme Court of India.
During a recent session, a bench led by Chief Justice DY Chandrachud provided a temporary reprieve to Agnihotri by ordering-
“We hereby instruct that until the proceedings before the High Court are resolved, the order issued on January 9, 2024, concerning the petitioner (Agnihotri) shall be temporarily suspended.”
The context of this case involves of allegations and concerns regarding the security of Nishant Sharma, the complainant. Sharma expressed apprehension that under the pretext of offering him protection, his freedom of movement might be compromised.
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Addressing these concerns, the Supreme Court made a crucial clarification stating-
“To clarify, the individual in question (Agnihotri), currently serving as Superintendent of Police, Kangra, will not be involved in any capacity regarding the security arrangements for Nishant Sharma.”
This directive aims to neutralize any potential misuse of power concerning Sharma’s security arrangements, which will now be monitored by the Himachal Pradesh Additional General of Police, ensuring a separation of powers and responsibilities.
The advocate-general representing the State of Himachal Pradesh reassured the court, highlighting the state’s commitment to preserving Sharma’s freedom of movement without any undue restrictions disguised as security measures.
Senior counsel Siddhartha Dave represented Agnihotri.
Furthermore, the Supreme Court acknowledged the ongoing proceedings in the Himachal Pradesh High Court, emphasizing the importance of considering Nishant Sharma’s grievances thoroughly.
The apex court stated-
“All arguments presented by Nishant Sharma, the recently included respondent, should be presented before the High Court, ensuring that his concerns are thoroughly reviewed during the ongoing main proceedings before the High Court.”
This directive allows Sharma the opportunity to submit additional affidavits and documents to support his case, ensuring a comprehensive evaluation of his concerns.
The case encompasses a prior instance where the Himachal Pradesh High Court declined to reconsider its decision to transfer both Agnihotri and the state DGP Sanjay Kundu. However, in January, the Supreme Court intervened, overturning the High Court’s ruling to remove Kundu from his post. This intervention was grounded in principles of natural justice, highlighting that the initial orders were issued ex-parte, depriving Kundu of an opportunity to present his side, a situation the Supreme Court deemed unjust.
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When discussing the transfer of high-ranking police officials without proper procedure, the Supreme Court commented-
“The ramifications of relocating an IPS officer from the position of DGP are significant. Such a transfer order should not have been issued without affording the petitioner an opportunity to challenge the proceedings against him and submit his response.”
