Shimla: The Kangra police have filed a First Information Report (FIR) against two unknown persons in a case that stems from a hotelier’s complaint alleging intimidation by the state police chief.
The police were acting on the directions of the Himachal Pradesh High Court. The court had taken suo motu cognisance of the case on 10 November following Palampur businessman Nishant Sharma’s complaint last month, and Director General of Police (DGP) Sanjay Kundu’s complaint and a subsequent FIR against Sharma.
On Thursday, when the Kangra and Shimla police presented their status report that Sharma’s allegations were being probed, a division bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua observed that an FIR should have been registered first.
The court also appointed an amicus curiae in the case. ThePrint has a copy of the court order.
A Kangra police officer said to ThePrint that Sharma’s complaint mentioned he was confronted, abused and threatened by unknown persons at Dharamshala. “This was a criminal act. As far as the other content mentioned in the complaint, it was his conclusion, and investigation will reveal the truth,” he added.
Meanwhile, the police headquarters in Shimla also issued a communiqué Thursday, saying that the HC order has no mention of the DGP.
The communiqué, of which ThePrint has a copy, says, “This pertains to some social media rumors circulating against the DGP with regard to criminal writ petition No. 14 of 2023. This is to clarify that the DGP is neither a party nor a respondent in either his private or official capacity. He was never summoned by the Hon’ble High Court and no adverse order has been passed qua him whatsoever.”
A senior police officer said to ThePrint that the matter stemmed from a property dispute in which Sharma alleged that some influential people, including a former IPS officer and an advocate, pressured him to purchase a property. However, the police probe so far has found no links between those Sharma has named and the alleged attacks on him, said the officer.
The officer said that while Sharma claimed he was attacked in Gurugram and later, threatened in Dharamshala to take that case back, “There was no such case in Gurugram. The local police closed the case, mentioning it as a minor scuffle.
The Kangra police have registered the FIR against unknown persons under sections 341 (wrongful restraint), 504 (intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
When ThePrint reached DGP Kundu over the telephone, he refused to comment on the case as it was sub judice. ThePrint also tried to reach Sharma over the phone but he did not attend the calls.
Also read: Row over water cess still raging in court, Himachal bills 172 power projects Rs 871 cr for 5 months
What is the case
On 28 October this year, Sharma sent a written complaint to Himachal Pradesh Chief Secretary Prabodh Saxena and Kangra Superintendent of Police Shalini Agnihotri, mentioning some calls to his phone. Citing specific phone numbers, he wrote, “…the first two phone numbers are from the office of the DGP, Himachal Pradesh, the last two phone numbers are of DSP and SHO Palampur respectively.”
He alleged that he received a WhatsApp message from the Palampur SHO’s number, asking him to call a particular number. When he called that number, he was allegedly connected to the DGP, who asked Sharma to meet him in Shimla. He claimed that the DGP refused to tell him the reason for the expected meeting. ThePrint has a copy of this complaint.
In an email to the high court the same day, Sharma alleged, “I am anxious and fearful that either we would be killed or would be subject to severe intimidation by none other than the head of the police force of Himachal Pradesh, Mr Sanjay Kundu.” ThePrint has a copy of this letter as well.
Sharma also wrote that he was being pressured by a retired IPS officer and an advocate to sell off some property. He claimed he was attacked on two occasions after he refused to meet the DGP, prompting him to file the complaint.
Days later, on 4 November, the Himachal Pradesh Police registered a case against Sharma for allegedly defaming Kundu, on the basis of the latter’s complaint. A case under sections 211 (false charge of offence made with intent to injure), 469 (forgery for purpose of harming reputation), 499 (defamation) and 500 (punishment for defamation) of the IPC was registered against Sharma. ThePrint has a copy of this FIR.
In his complaint, Kundu maintained that Sharma, a resident of Palampur, had on 28 October sent a letter to his official email, with copies to other officials, in which he made false allegations with the intention of harming the officer’s reputation and tarnishing his image.
On 6 November, Chief Secretary Saxena asked the home secretary and the Shimla SP to take “necessary action” on Sharma’s complaint. “Mail or complaint received from Mr. Nishant is forwarded for kind information and necessary action please as per rules,” reads the CS’s email, a copy of which is with ThePrint.
Meanwhile, the businessman, on his part, also sent a legal notice to the police on 6 November, seeking the registration of a case against the DGP while citing a threat to his family and property. ThePrint has a copy of this legal notice.
(Edited by Smriti Sinha)
Also read: A new school of Himalayan architecture taking shape. No more cement & steel but stone & slate