Himachal HC directs the state to file an FIR on the complaint of business man involving state DGP 

Himachal Pradesh High Court today questioned the state government for not filing an FIR on the complaint of a businessman Nishant Sharma involving criminal intimidation of state DGP and others on Thursday.

The Division bench of Chief Justice M.S. Ramchandra Rao and Justice Jyotsna Rewal Dua asked the state why it did not file an FIR in the matter as the complainant has mentioned in the complaint that he had a threat to life after a call was made to him from the DGP office.

State Advocate General Anup Rattan informed media persons after the matter was heard that the court has pointed to the state why it has not filed any FIR in the matter. He said that HC has mentioned during the hearing that the state must file an FIR on the complaint as the SC judgment on the Arathi case clearly directed the police should immediately file an FIR on any complaint of such intimidation.

He said that on Nov 10 the HC on its own motion took suo moto cognizance of the complaint filed by Palampur Businessman Nishant Sharma, the complainant alleged the involvement of state  State Director General of Police Sanjay Kundu and a phone call had been made to him.

Mr Rattan said that  Superintendent of Police Kangra and Shimla today also submitted a status report in the court and said that FIR is not being registered as the action in the matter would be taken after verifying the facts. As per the fact of the status report also read in the court today there was no mention or reference of intimidation by the complainant against the DGP however the probe is continuing about unlawful restraintment of the businessman at Bhagsunag and in Gurugram recently and references are also being made in the complaint about these incidents.

Mr Rattan said that the matter is now adjourned by the court for next Wednesday and the state has assured the HC to register FIR in the matter in Kangra district as the incidents have happened with the Nishant in Kangra district. The Advocate General also said that the court also directed the state to file a status report by SP Kangra and Shimla on the next hearing on the matter about the finding of FIRs. HC has also shown concern for providing security cover to the complainant after he alleged physical intimidation or possible threat to his life.

”The State informed the court that the Government has directed the SP Shimla and Kangra to extend security cover to the businessman who has also informed that he would require security cover while moving from Palampur to Gaggal airport during his movement from the state.

Mr. Anup Rattan also said that the court directed the state to file status reports on the other FIR already registered by the state police on the complaint of DGP against Nishant Sharma. The HC directed the state that both the FIR should go ahead with its probe in the matter court should be informed about both matters with the progress of the investigation. On Thursday high court also appointed amiscurie on behalf of businessman Nishant Sharma to help the court in the suo moto petition.

It is worthwhile to mention here that on November 10 HC issued a notice to the State of Himachal Pradesh implementing Secretary Home and Superintendent of Police Kangra and Shimla. The Court has taken suo moto notice of the complaint submitted to Chief Justice MS Ramachandra Rao by Businessman Nishant Kumar Sharma of Palampur.

It is worthwhile to mention that on Nov 5 an FIR was lodged at police station Shimla against the businessmen which was also a rebuttal letter by filing a volley of complaints in the matter to Prez and PM of India, Guv & CM, Chief Justice of Himachal Pradesh and Secretary home. The controversy brewed after the registration of an FIR against a businessman belonging to Palampur and Gurugram by the state Director General of Police Sanjay Kundu.

The Complaint was also made by Prashant Kumar Sharma on this issue to SP Kangra on October 28 after alleged attempts by a few goons at Bhagsunag in Meclodganj in Dharmshala.  A mail was also made to DGP Sanjay Kundu by Nishant Kumar Sharma after October 27 alleging that frantic calls were made by the state police to the Businessman unlawfully and he was directed by the DGP to meet him at Shimla. Allegations were made by the Businessmen that he was faced with unlawful restraint or assault in the state and Gurugram by goons in the convenience of two persons and with an accomplice of DGP.