New Delhi, June 18 UNI) The Supreme Court on Wednesday pulled up the State of Tamil Nadu over the suspension of Additional Director General of Police (ADGP) HM Jayaram in connection with his alleged involvement in an abduction case, and expressed deep concern over the Madras High Court's direction to arrest him.
A bench comprising justices Ujjal Bhuyan and Manmohan was hearing a petition filed by ADGP Jayaram challenging the High Court order.
The apex court questioned whether it was necessary to suspend a senior officer who had already joined the investigation.
The petitioner’s counsel informed the court that Jayaram had been arrested on June 16, but was released around 5 pm the following day after approaching the Supreme Court.
Despite this, he was placed under suspension. It was also submitted that the High Court passed the direction against Jayaram even though he was not a party to the anticipatory bail petition being heard.
The state’s counsel, however, denied the arrest and maintained that Jayaram had voluntarily joined the investigation.
Justice Bhuyan, expressing concern, said, “You can’t do this. This is very demoralising.” Justice Manmohan also noted that the petitioner had served for 28 years with an unblemished record.
The bench questioned the rationale behind the suspension, especially since the officer had cooperated with the probe.
"You obtain instructions to withdraw the suspension order, he’s a senior police officer," Justice Bhuyan told the State's counsel.
He also criticised the High Court’s direction to arrest the officer, stating, "These types of orders, it is shocking actually."
Justice Manmohan, in a lighter vein, remarked, “I have been a judge for 18 years. I never knew I had this power (to direct arrest).”
Posting the matter for further hearing tomorrow, the Bench recorded in its order:"Mr Chaudhari, for the petitioner, submits that yesterday the petitioner was released at 5 pm, however, placed under suspension. The state counsel submits that the petitioner was not arrested, and had joined the investigation. On query by the Court, he seeks time to obtain instructions on whether the suspension order against the petitioner, in view of the High Court’s order, would be withdrawn. List tomorrow," the court said.
The case stems from an anticipatory bail plea filed by KV Kuppam MLA “Poovai” Jagan Moorthy in an abduction case registered by Thiruvallur Police.
The complaint, filed by one Lakshmi, alleged that her younger son (aged 18) was abducted and later found injured, after her elder son married a girl against her family’s wishes. It was further alleged that the boy was dropped off in the official vehicle of the ADGP, and that the MLA was also part of the alleged conspiracy.
Justice P Velmurugan of the Madras High Court, while hearing the bail plea, had directed the police to take action against ADGP Jayaram in accordance with law, noting that being a public servant, he was accountable to the people and a strong message must be sent that no one is above the law.
UNI SNG PRS