The High Court of Himachal Pradesh directs state government to take steps at the earliest to move DGP and SP Kangra to other posts | Shimla News – Times of India

The High Court of Himachal Pradesh directs state government to take steps at the earliest to move DGP and SP Kangra to other posts | Shimla News - Times of India

Shimla: While dealing with the application filed by A Palampur The Himachal Pradesh High Court on Tuesday directed the state government through the Secretary (Home) to take early steps to transfer the incumbents holding the two posts. Director General of PoliceHimachal Pradesh and Superintendent of Police, Dharamshala in Kangra to other posts where they will have no chance to influence. The investigation In the FIRs registered in this order. The court said it was not passing any opinion on the merits of the parties’ claims as the investigation was yet to be completed.
In the judgment delivered on Tuesday, a division bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsana Rewal Dua said that in the light of the material available till date in the matter, the court is satisfied that there is an exceptional case to interfere in the matter. Conditions exist. When respondent No. 1 (State of Himachal Pradesh through Secretary (Home)) had chosen to turn a blind eye to the said material for reasons best known to him.
In the interest of justice and to ensure transparency of investigation and keeping in mind the principle that “justice must not only be done but be seen to be done”, the court said that It would be necessary to transfer the officers holding the posts of both Director General of Police, HP and respondent No. 2 (Superintendent of Police, Kangra to Dharamshala) to other posts to ensure fair investigation in the registered FIR. be
According to the decision, since respondent No. 1 has perused the status reports filed by respondent No. 2 and 3 (Superintendent of Police, Shimla) and continued in the present post at the highest post of Director General. There was plenty of opportunity to talk. The police and since it has not chosen to move its little finger in the matter, the court is forced to take the matter into its own hands to ensure a fair investigation in the FIR.
“We have to ensure that justice should not only be done but should be seen to be done. This is the fundamental principle of law that we cannot lose sight of,” he added.
A person named Nishant Kumar Sharma, a resident of Palampur, Kangra district, had sent an email to the Registrar General of the High Court (addressed to the Chief Justice) on October 28 this year, directing him to file a criminal writ petition. was done registered.
In his complaint/e-mail, the complainant alleged that his life was threatened by two very rich and well-connected persons including an ex-IPS officer and a practicing lawyer. He claimed to belong to a business family that runs a hotel in Palampur, Himachal Pradesh. had invested in the issuer’s company. That the practicing advocate was suffering from financial difficulties and due to this he used undue influence through force and intimidation by the ex-IPS officer to extort money from the complainant and her father.
He alleged that the former IPS officer and a practicing lawyer were constantly trying to force the complainant and his father to sell their company by threatening the auditors, filing returns against the complainant and his father. and not allowing them to hold legal meetings. Physical assault on them by hired criminals.
He had claimed that he was receiving constant phone calls from the office of the Director General of Police, Himachal Pradesh and from the DSP, SHO, Palampur. The email also mentioned phone numbers and times of calls.
The complainant claimed that he received a WhatsApp message from the Palampur SHO stating that the Director General of Police, Himachal Pradesh wanted to speak to him and asking him to call the phone no. And when he did, he was hooked. Director General of Police who insisted that he come to Shimla and meet him.
The judgment said that it is not in dispute that the complainant had sent similar e-mails to the SP, Kangra, Dharamsala (respondent no. 2) and to the Secretary (Admission) of the State of Himachal Pradesh (respondent no. 1) on October 28. The mails were given. ). But no FIR was registered by the police at McLeod Ganj, Dharamsala on the complainant’s complaint. Even the complaints made by the complainant to the Gurugram Police were given diary numbers but later no FIR was registered there either.

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