H.M.JAYARAM VS INSPECTOR OF POLICE

 The Supreme Court today(June 19) set aside the Madras High Court's order, which directed the arrest of Tamil Nadu Additional Director General of Police HM Jayaram in relation to an abduction case.

The Court also transferred the investigation of the case to the CB-CID of the State Police. Senior Advocate Siddharth Dave, for the State, did not object to the investigation by CB-CID. He also informed the Court that the ADGP's suspension was not due to the High Court's order.

The Court also requested the Madras High Court Chief Justice to transfer the matters related to the abduction case to another bench from the bench which is presently considering the matter.

A bench comprising Justice Ujjal Bhuyan and Justice Manmohan passed the order in a petition filed by the ADGP challenging the Madras High Court's direction to arrest him to investigate his role in the abduction. The bench observed that the petitioner can challenge his suspension in another case.,

Yesterday, the Supreme Court had questioned the State of Tamil Nadu for the suspension of the officer and expressed shock at the Madras High Court's direction to arrest the ADGP, which was issued while hearing an anticipatory bail petition filed by an accused.

Today, the Court, after going through the suspension order, noted three things: first, that the suspension was not in furtherance of the high court's order. Second, the matter can be transferred to any other agency, such as CB-CID and lastly, the matter pending before the high court may be transferred to some other judge. 

Senior Advocate Siddhartha Dave, for the State of Tamil Nadu, submitted that the relevant rules say that until the completion of the investigation, the police officer has to be put under suspension.

Advocate Aditya Kumar Choudhary appeared for the petitioner.

The bench observed in the order as follows :

"After hearing parties, we are of the view that petitioner would have his remedies to assail the order of suspension. However, given the controversial circumstances in which the impugned order came to be passed, we are of the view that the investigation of this case to be handed over to CB-CID. Mr Dave submitted State has no objections. That apart, we request the Chief Justice of Madras High Court to assign and other related matters to another bench. The direction of the high court to secure and take action against the petitioner is set aside. Matter stands disposed."

Background

The High Court passed the direction while considering an anticipatory bail application filed by KV Kuppam MLA "Poovai" Jagan Moorthy in connection with an abduction case registered by the Thiruvallur Police Station based on a complaint by one Lakshmi.

Lakshmi had alleged that her elder son had married a girl without the consent of the girl's family. Thereafter, the girl's family, with some miscreants, entered their house in search of her elder son. Since the elder son and his wife went into hiding, the miscreants abducted her younger son, aged 18.

Lakshmi also alleged that her son was later dropped off near a hotel with injuries. It has been alleged that the young boy was dropped off in the official vehicle of the ADGP. It has also been alleged that the MLA had also conspired in the entire events.

Justice P Velmurugan of the High Court directed the police to take action against the ADGP as per law. The court added that being a public servant, Jayaram was answerable to the public. The judge added that a strong message should go out to the public that no one was above law.

Case Details: H.M.JAYARAM v. THE INSPECTOR OF POLICE AND ANR|Diary No. 33224-2025