The Himachal Pradesh High Court has closed the suo motu proceedings that were initiated based on a representation by Palampur hotelier Nishant Sharma, who alleged that he and his family faced life threats from influential persons in the state. The case was filed on October 28, 2023.
Court finds investigation fair and independent
A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi ruled that the Special Investigation Team (SIT), constituted to probe the allegations, had conducted a fair, independent, and comprehensive investigation. The court found no reason to continue monitoring the matter.
The suo motu proceedings were initiated after Sharma alleged that he had been threatened by the then Director General of Police, Sanjay Kundu. His complaint also referenced an alleged attack by gangsters outside his parents’ residence in Gurugram on August 25, 2023, and named a former IPS officer, his brother, a senior IAS officer, and a senior advocate, alleging their involvement in a larger conspiracy.
SIT concludes allegations unsubstantiated
After examining the evidence, the SIT concluded that the allegations of criminal intimidation, conspiracy, and misuse of official position were not substantiated. The cancellation report stated that the complaint appeared to have been filed to manipulate the legal process, divert attention from findings in connected disputes, and gain an advantage in ongoing business litigation.
Accepting the SIT’s findings, the High Court observed that the investigation had reached its logical conclusion without any indication of bias, mala fides, or investigative lapses. The Bench reiterated that its role was confined to ensuring that the investigation had been conducted fairly, not to examine the merits of the allegations once a lawful probe had been completed.
Defamation complaint by former DGP considered
The Bench also considered the FIR lodged by former DGP Sanjay Kundu against Sharma. The SIT concluded that the dispute primarily related to alleged defamatory e-mails and complaints circulated by Sharma, which were claimed to have harmed Kundu’s reputation. It held that the allegations fell within the ambit of Sections 499 and 500 of the IPC dealing with defamation, a non-cognisable offence for which cognisance can only be taken on a private complaint by the aggrieved person before the competent court.
Liberty granted to file objections
Disposing of the proceedings, the High Court granted liberty to Nishant Sharma to file objections to the SIT’s cancellation reports before the jurisdictional Magistrate. It also allowed Sanjay Kundu to challenge the cancellation report in the FIR registered on his complaint and, if so advised, institute a private complaint in accordance with law.
