‘Shocking’, ‘Demoralising’: Supreme Court Pulls Up Tamil Nadu Govt Over Suspension Of ADGP HM Jayaram

‘Shocking’, ‘Demoralising’: Supreme Court Pulls Up Tamil Nadu Govt Over Suspension Of ADGP HM Jayaram
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The Apex Court has listed the matter for further hearing and directed the State to clarify its position on the suspension by then

The Supreme Court on Wednesday expressed serious concern over the suspension of Tamil Nadu Additional Director General of Police (ADGP) HM Jayaram following the Madras High Court’s oral direction for his arrest in a kidnapping case.

The Court termed the action “shocking” and “very demoralising”, and has sought the State’s response on whether the suspension can be revoked.

The Bench of Justice Ujjal Bhuyan and Justice Manmohan was hearing a plea filed by Jayaram challenging the Madras High Court’s directive, which allegedly led to his arrest on Monday (June16).

The case relates to an abduction incident in which the senior officer's official vehicle was allegedly used.

Appearing before the Court, the Counsel for Jayaram submitted, “I am not even a party to this case. I am only a serving ADGP.”

As the proceedings began, the Court audio was briefly muted. Upon resumption, the Bench strongly criticised the course of action taken against Jayaram.

“He is a senior police officer. Where is the question of suspending him if he has already joined the investigation? You can’t do this. This is very demoralising,” the Bench remarked, directing the counsel for the State of Tamil Nadu to obtain instructions.

Taking note of the developments, the Bench recorded in its order:
"Counsel submits that yesterday around 5 PM the petitioner was released. However, he was placed under suspension. State submits that the petitioner was not arrested but has joined the investigation. State has taken time to seek instructions on whether the suspension in view of the High Court order can be revoked.”

The Apex Court has listed the matter for further hearing and directed the State to clarify its position on the suspension by then.

Previously

On June 17, the Supreme Court had agreed to hear a petition challenging a Madras High Court directive that called for the arrest of Additional Director General of Police (ADGP) HM Jayaram (Armed Police) in a kidnapping case.
The Bench agreed to hear the matter after a lawyer informed the Court that a special leave petition had been rushed in against the high court's order, which was based on a confession made by two co-accused.
“Yesterday, a ADGP-rank officer was arrested on the direction of the high court. I filed a special leave petition today at 10 am. Kindly list the matter for urgent hearing,” the Counsel submitted. The Bench responded, “Ok. We will hear it tomorrow.”

The controversy arose on Monday (June16) when the Madras High Court, while hearing an anticipatory bail application of MLA M Jagan Moorthy, a Puthiya Bharatham Katchi leader representing Kilvaithinankuppam (SC), directed the arrest of ADGP Jayaram in connection with a kidnapping case. The MLA alleged apprehension of arrest in the matter.

Justice P Velmurugan, who was presiding over the case, came down hard on the MLA and the police, and insisted that both Moorthy and ADGP Jayaram be present in court in the afternoon. The two subsequently appeared, following the court’s directions.

In a brief order, the Madras High Court had stated that two co-accused had made confession statements against the ADGP. Based on these revelations, the court held that action should be taken against him in a manner known to law. The High Court had adjourned further hearing of the case to June 26.

Meanwhile, Jayaram was taken into custody soon after he walked out of the court building.

Case Title: HM Jayaram v. Inspector of Police & Anr.

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