Confusion Surrounds Appeal in Vimal Negi Death Case Handed to CBI

Petition Filed Amidst Uncertainty

Sunil Chadha
Shimla: A recent petition challenging the Himachal Pradesh High Court's decision to assign the Vimal Negi death investigation to the Central Bureau of Investigation (CBI) has sparked confusion, as it has been lodged under the name of the Shimla Superintendent of Police (SP).

However, a significant question lingers: Is the appellant the former SP Sanjeev Gandhi, who was recently placed on leave by Chief Minister Sukhvinder Singh Sukhu due to disciplinary issues, or is it his successor Gaurav Singh, the current Solan SP who also oversees Shimla?

This uncertainty has raised new political and legal concerns, particularly since the appeal seems to contradict Chief Minister Sukhu's public commitment to support the CBI investigation fully.

Technical Challenges for the Appeal

The appeal contests a May 23 ruling from a single-judge Bench of the Himachal Pradesh High Court, which transferred the investigation into the suspicious death of Vimal Negi, Chief Engineer of HP Power Corporation Ltd (HPPCL), to the CBI. It appears that the petition seeks a hearing before a Division Bench.

Nonetheless, the High Court registry has not officially accepted the appeal, citing several procedural errors. A primary concern is that the appeal was filed in an official capacity but not through the Advocate General's office, which is a required step.

Additionally, some pages of the document were found to be illegible, and the registry has identified other technical shortcomings. Time has been allotted to rectify these issues and resubmit the petition.

Mystery Surrounds the Petition's Origin

Compounding the situation is the ambiguous authorship of the appeal. Although it is filed under the title “SP, Shimla,” sources suggest that Sanjeev Gandhi, who led the Special Investigation Team (SIT) on the case, may have submitted the plea before his removal.

Others speculate that it could have been filed by Gaurav Singh, who took over the Shimla SP duties after Gandhi was placed on leave.

High Court's Criticism of Local Investigation

The appeal challenges a critical judgment from May 23 by Justice Ajay Mohan Goel, who assigned the investigation to the CBI due to serious concerns regarding the integrity and impartiality of the local inquiry. The high court criticized the state's actions, particularly the role of the Shimla SP-led SIT and the government's handling of a fact-finding report from Additional Chief Secretary (Home) Onkar Chand Sharma.

The judge noted that the state had “ensured that the inquiry report did not see the light of day,” accusing it of protecting officers accused of harassing Vimal Negi.

Moreover, the high court found the SIT's investigation to be limited and flawed, overly focused on suicide while neglecting potential coercion by senior officials. It also highlighted that the SIT failed to investigate crucial leads, including allegations that Negi was pressured by HPPCL seniors to favor a private project.

Political Fallout and Government Response

The appeal has reignited political tensions, with the opposition BJP accusing the Congress-led state government of attempting to obstruct the CBI investigation.

BJP Leader of Opposition Jai Ram Thakur claimed that the appeal indicates a “coordinated effort by the government to shield corrupt officials and suppress the truth surrounding Vimal Negi’s death.” He demanded clarity on the petition's actual author and questioned why Chief Minister Sukhu had not taken action against the officer despite his claims of zero tolerance for indiscipline.

In response, CM Sukhu has asserted that the government supports the CBI investigation and dismissed the BJP's allegations as political maneuvering. He emphasized that the state government would not hinder the CBI's efforts and reiterated the commitment to justice for Vimal Negi’s family.