The state should ensure effective protection against complaints: HC
Himachal Pradesh High Court ordered the state government and Kangra police that they should ensure effective protection to complaint businessman Nishant Kumar Sharma who alleged a threat to his life after a couple of recent attempts of attack on him.
A division bench of Himachal Pradesh High comprising Chief Justice MS Ramchandra Rao and Justice Jyotsna Rewal Dua passed this order on Wednesday after hearing this case.
Court took duo Motu cognizance on a complaint moved by a Palampur Businessman to the chief justice of Himachal Pradesh High Court on November 10.
Court has ordered on November 17 in the case that state and Kangra police should have registered FIR on the complaint lodged by Nishant Kumar Sharma alleging that he felt a threat to his life after a death threat from an unknown person and he faced a verbal and physical attack in the state and outside two times.
The high court also heard this case on November 22 and gave instructions to the state government that it should extend effective protection to the complaint.
Passing a one-page order (a copy of which was supplied to us today mentions “The police protection granted to the complainant in the aforesaid FIR, shall continue until further orders and the S.P. Kangra shall ensure that the police protection given to the complainant is effective.”
Fixing the next date hearing in the case of the court’s own motion on December 5 the bench stated that the Status report filed by Superintendent of Police, Kangra(, respond no.2) was taken on record of the court
The court also said that file relating to the investigation including the statements of the persons recorded by the police in relation to the FIR( no.55/2023) registered at Kangra, should be supplied to the Members of the Bench by the office of the Advocate General for perusal.
It has been stated earlier that in a statement given on the court on Wednesday Advocate General Anup Rattan said that the state government would appoint an ASP rank IPS officer in the case who would ensure a free and fair investigation.
The advocate general also ensured the HC that two constables are posted in the security of complaint and complaint would be provided more security cover if he desired so keep the threat perception.
Since the Complaint showed doubt about the role of DGP Sanjay Kundu during a press conference and also expressed concern for his life in a letter addressed to the chief justice court instructions to Kangra police are considered important.
The counsel of complaint and amicus Currie Neeraj Gupta also made the submission before the high court that state police had not fully complied with the previous high court instructions with regard to his client’s security.
The role of state police in the Gudiya rape and murder case during the previous Congress government also dented its image in the eyes of the public as one suspect arrested in the Gudiya case died in police custody at Kotkhai police station in 2017.
Congress’s government lost power the same year and state police high-ranking cops who are members of SIT are now facing a CBI trial in the custodial death case.
