Supreme Court Questions Suspension Of Tamil Nadu ADGP, Suggests CID Probe
The Supreme Court on Thursday questioned the continued suspension of Tamil Nadu Additional Director General of Police (ADGP) HM Jayaram and indicated a possible transfer of the investigation into a kidnapping case involving him to the Crime Investigation Department (CID).
The Court also hinted at transferring the matter from the current judge of the Madras High Court who had earlier directed Jayaram’s arrest.
The Bench of Justice Ujjal Bhuyan and Justice Manmohan was hearing Jayaram’s plea challenging the Madras High Court’s oral direction which allegedly triggered his arrest and subsequent suspension.
The officer is being probed in connection with an abduction case where his official vehicle was allegedly used.
During the hearing, Justice Bhuyan asked, “What has happened after that? Is he still under suspension?”
Senior Advocate Siddhartha Dave, appearing for Jayaram, responded that the relevant rules mandate suspension during the course of investigation. However, he clarified that the ADGP had not been arrested and read out the suspension order and the applicable service rules.
Justice Bhuyan observed, “Yesterday counsel said he has not been arrested. Then why is he under suspension?” He remarked that the action appeared "divorced from the High Court’s order."
The Bench also suggested three possible courses of action:
1. Acknowledging that the suspension was not directly based on the High Court's order.
2. Transferring the case to the CID for an impartial investigation.
3. Considering whether the matter should be moved to another judge for hearing.
Advocate Dave submitted that the High Court proceedings had become excessively adversarial. “We have been dragged every day by that judge,” he said, alluding to the ongoing high-handedness in the lower court proceedings.
Justice Manmohan asked the Tamil Nadu government counsel to “obtain instructions for transfer to CID or any other investigating agency.” Dave agreed to do so.
The Bench also heard from the petitioner’s counsel, who asserted, “It is because of this [High Court’s] order that everything started.” Justice Manmohan, while acknowledging the concern, stated, “We also thought that, but there are many issues involved here.”
The matter was thereafter passed over for later hearing.
Previously
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.