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The Supreme Court has suspended the Himachal Pradesh High Court's decision to transfer Superintendent of Police (SP) of Kangra District, Shalini Agnihotri. The High Court's refusal to recall the transfer directive for Agnihotri and DGP Sanjay Kundu prompted the apex court's intervention.
The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala. Senior Advocate Sidharth Dave represented SP Agnihotri during the proceedings.
In addition to suspending the transfer order, the Supreme Court directed the transfer of the complainant's security protection from SP Agnihotri to the Additional Director General of Police (ADGP). The complainant expressed concerns about privacy and personal liberty under SP Agnihotri's supervision.
The High Court's decision stemmed from a plea filed by Shalini Agnihotri, challenging her transfer from the post of Kangra's Superintendent of Police. The transfer order was issued following a complaint by a Kangra District resident, Mr. Nishant Sharma, who alleged threats to his life from a former IPS officer and a practicing lawyer. Sharma criticized Agnihotri for delayed action in registering an FIR, prompting the High Court's observation on the matter.
Previously, in January, the Supreme Court had overturned the transfer order of Sanjay Kundu, IPS, from the position of DGP of the State. The Court deemed Kundu's transfer to interfere with the ongoing investigation of the case filed by the complainant.
The Supreme Court emphasized the need to hear the matter afresh, criticizing the High Court's refusal to reconsider its initial order. The Court highlighted the importance of granting a "pre-decisional" hearing rather than a "post-decisional" one.
The High Court's original order, issued on December 26, 2023, transferred both the DGP and Kangra SP to ensure a fair investigation. Despite setting aside the transfer directive for the DGP, the Supreme Court upheld the direction to transfer the investigation to a Special Investigation Team (SIT).
In conclusion, the Supreme Court's intervention serves to address concerns regarding the transfer directives issued by the Himachal Pradesh High Court, ensuring fair proceedings in the ongoing case.
Case Details: SHALINI AGNIHOTRI vs. HIGH COURT OF HIMACHAL PRADESH SLP(Crl) No. 003917 - / 2024
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