The Himachal Pradesh High Court on Friday handed over the investigation in Vimal Negi’s death case to the CBI.

The CBI has to ensure that no officer from the Himachal Pradesh cadre “shall be a part of the SIT constituted by it for investigation,” added the high court.

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Negi had joined Himachal Pradesh Power Corporation Limited on deputation in June 2024 as General Manager (Electrical/Renewable Energy).

He had gone missing on March 10 this year, and his body was recovered on March 18 from Bhakra Dam in Bilaspur. His wife had alleged that he was being harassed by senior officers of HPPCL.

Justice Ajay Mohan Goel in his judgment noted that even the DGP of the state himself had a concern about the “fairness of the investigation.”

The DGP, in his affidavit dated May 19, had pointed out that “factum of pen drive which was presumably found on the body of the deceased containing criminal evidence having been tampered/destroyed after discovery was serious misconduct on the part of the SIT.”

He had alleged non-cooperation extended to him by the SP Shimla in filing the affidavit. He had even claimed that the SP had directed the authorities not to provide any material to him.

The High Court noted that the DGP said two SIT members expressed “refusal/inability” to show him the diaries of Vimal Negi. The DGP in his affidavit had questioned to whom ASI Pankaj was speaking regarding the pen drive after it was recovered, as a fisherman, Sunil Kumar, had video-recorded the conversation.

Suggesting the questionable past of ASI Pankaj, the DGP had even revealed that he was once involved in an attempt to murder case.

On the other hand, the SIT of Himachal Pradesh Police, which was constituted under the supervision of the Superintendent of Police, Shimla, through the Advocate General, raised questions over the authority of the DGP to raise such kinds of questions on the investigation.

On perusal of ACS Home Onkar Sharma’s report on the matter, the HC noted that Director (Electrical) Des Raj had threatened Negi and DGM (Electrical) Manish Chaudhary for minimising delay on the part of contractor M/s Prozeal Private Limited regarding the Pekhubella Solar Power Project. The delay was finally reduced from 45 days to 23 days.

HPPCL, Senior Manager (Electrical), Rajnish Katoch, had told ACS Home that Des Raj pressurised Negi in his presence to raise the revenue projection of the Pekhubella Solar Power Project to Rs 25 crore from Rs 19 crore for the purpose of a status note to be presented in the Vidhan Sabha.

HPPCL, Senior Manager (Electrical), Bipan Guleria, had told ACS Home that Des Raj and Meena were continuously pressurising Negi to issue a completion certificate for the project so that 10 per cent payment could be released.
Other lapses in the Pekhubella Power Project and land lease matters, etc., at the behest of the accused, were also dealt with in detail in the ACS Home report.

Pointing towards the inaction of the government on the report of the ACS Home, the High Court said, “The mode and manner in which the Government dealt with the report of the Additional Chief Secretary (Home), raises serious questions.

First of all, when Secretary (Power) had called upon the Additional Chief Secretary (Home) to hold a fact-finding inquiry and the officer had done so, the State ought to have had acted upon it dispassionately, rather than becoming a mouthpiece of delinquent officers so as to propagate the cause of delinquent officers.”

The High Court pointed out that the police’s SIT didn’t carry out any investigation regarding the pressure mounted upon the deceased by the accused for extraneous reasons.