- विज्ञापन -
Shimla: The Himachal Pradesh High Court has granted relief to Superintendent of Police (SP) Sanjeev Kumar Gandhi, who had challenged the single-judge bench order transferring the investigation into the mysterious death of Chief Engineer-cum-General Manager Vimal Negi to the Central Bureau of Investigation (CBI).
However, the court has maintained that the CBI will continue investigating the case.
A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma, while hearing Gandhi’s Letters Patent Appeal (LPA), refused to modify and interfere with the transfer of the probe to the CBI, but issued notices to all respondents including the Union of India, the CBI, the State of Himachal Pradesh and the family of the deceased, on the issue of personal and professional remarks made against Gandhi and the Special Investigation Team (SIT) he had constituted.
“We are not interfering with the core issue of handing over the investigation to the CBI, as that would ensure a fair and effective investigation. However, remarks concerning the professional integrity of SP Gandhi and SIT merit attention,” the division bench observed.
The court fixed July 14 as the next date for the hearing.
The senior advocate, Sanjeev Bhushan, appeared on behalf of Gandhi and told reporters outside the court that the petition had been partly accepted as one of the key contentions relating to integrity and that adverse remarks had been acknowledged.
“The question was about the integrity and professional work that the SIT was performing. The court has taken cognizance of that,” Bhushan said.
Bhushan said the single bench’s judgment dated May 23, which ordered the CBI to take over the probe, had also included remarks and observations against Gandhi and the SIT, which were neither warranted nor factually accurate.
“Reports were not shared with SIT”, he mentioned.
The senior lawyer pointed out that the status report filed by the then Director General of Police and the report by the Additional Chief Secretary (Home) had not been shown to Gandhi or the SIT, and no opportunity was provided to respond.
“The DGP submitted a report without informing SP Gandhi. The court believed that the report was coming from the highest official, but it contained multiple factual inaccuracies. Similarly, the ACS report was based on an inquest, while the SIT inquiry was a statutory one under the CrPC and Police Act,” Bhushan added.
He clarified that Gandhi’s appeal did not oppose the CBI probe but sought to withdraw or modify the remarks against his team. An alternative plea was also made, seeking that the court consider forming an SIT under its own supervision instead of a central agency.
Vimal Negi, Chief Engineer in Himachal Pradesh Power Corporation Ltd, had gone missing on March 10, and his body was recovered from the Bhakra Dam on March 18.
His wife, Kiran Negi, moved the High Court on April 9 seeking a CBI investigation, which was allowed by the single judge on May 23.
The state government did not challenge that order. However, Gandhi, who had constituted the original SIT investigating the matter, filed the LPA in his personal capacity, citing reputational harm and procedural unfairness.
“Our concern is professional reputation. We had investigated the matter diligently and honestly. Remarks based on reports that were never shared with us should not stand uncontested,” Bhushan said.
The High Court has now issued notices to all parties involved in the original proceedings, the Union of India, CBI, the State Government, and the deceased’s family, regarding the limited issue of personal and professional comments in the earlier order.
The next hearing is scheduled for July 14, and respondents have been permitted to file replies in the meantime.
The case has triggered political ripples in the hill state amid questions over internal police functioning. Former DGP Atul Verma’s earlier retirement without an official farewell and the submission of conflicting reports by top officials have also drawn scrutiny.
The CBI, which has now officially taken over the investigation, is expected to examine persons named in the initial FIR filed by the SIT and further investigate the chain of events that led to Negi’s death.
Bhushan expressed confidence that justice would be served both to the deceased’s family and to honest officers whose integrity is now before the court.
“The court has already shown that it values both justice for the family and professional fairness to officers. We are satisfied with today’s development,” he said.
