The Himachal Pradesh High Court has closed the suo motu proceedings initiated on the basis of a representation submitted by Palampur hotelier Nishant Sharma on October 28, 2023, alleging that he and his family faced a threat to their lives from influential persons in the state.
A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi held that the Special Investigation Team (SIT), constituted to probe the allegations, had carried out a fair, independent and comprehensive investigation and found no reason for the HC 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 referred to 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.
After examining the evidence collected during the investigation, the SIT concluded that the allegations of criminal intimidation, conspiracy and misuse of official position were not substantiated. The cancellation report said the complaint appeared to have been filed to manipulate the legal process, divert attention from findings emerging in connected disputes and gain an advantage in ongoing business litigation.
Accepting the SIT’s findings, the HC observed that the investigation had reached its logical conclusion without any indication of bias, mala fides or investigative lapses. It reiterated that its role was confined to ensuring that the investigation had been conducted fairly and not to examine the merits of the allegations once a lawful probe had been completed.
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, if any, 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.
Disposing of the proceedings, the HC 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.