Supreme Court Sets Aside Madras HC’s Direction Against Tamil Nadu ADGP In Abduction Case, Transfers Probe To CB-CID
The Supreme Court on Thursday set aside the Madras High Court’s order to "secure and take action" against Tamil Nadu Additional Director General of Police (ADGP) HM Jayaram in connection with an alleged abduction case.
The Apex Court further directed that the investigation be transferred to the Crime Branch–Criminal Investigation Department (CB-CID) and requested the Chief Justice of the Madras High Court to assign the case to a different bench.
The Bench of Justice Ujjal Bhuyan and Justice Manmohan was hearing a plea filed by Jayaram challenging the Madras High Court’s June 16 order, which, according to his counsel, triggered a chain of events leading to his illegal detention and subsequent suspension.
‘Courts are running the administration now’
The matter, which was earlier passed over, was taken up again in the afternoon.
Senior Advocate Siddharth Dave, appearing for the ADGP, informed the Court that the State had no objection to transferring the probe to the CB-CID.
Justice Bhuyan, while agreeing with the proposal, also stated, “We will transfer the matter to another bench as well.” In a critical tone, he added, “Courts are running the administration now,” referring to the series of judicial directions that had affected the officer’s service status.
High Court order under fire
Petitioner’s counsel pointed out that Jayaram had not even been named in the FIR, which was registered against unknown persons on June 7. “Everything escalated after the High Court’s order on June 16. He was kept in custody for 24 hours and released only after I approached this Court,” he said.
Justice Manmohan, however, clarified, “If the State chooses to suspend you, we can’t interfere with that.”
Dave also submitted that the suspension of the officer was not a consequence of the High Court’s order, but was issued independently under Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969, which allows the disciplinary authority to suspend a member of service pending investigation.
The Bench acknowledged this, noting in its order, “We have been informed by counsel for the State that the suspension was not based on the High Court’s order, but under the applicable service rules in view of the ongoing investigation.”
Final Order: Direction Quashed, Investigation Transferred
The Court, after considering the submissions, issued the following directions:
1. The Madras High Court’s direction to “secure and take action” against ADGP Jayaram is set aside.
2. The investigation in the case is to be handed over to the CB-CID.
3. The Chief Justice of the Madras High Court is requested to assign the matter to a different bench.
4. The petitioner is at liberty to pursue remedies regarding his suspension independently.
With these directions, the matter was disposed of.
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.