The Supreme Court, on Wednesday, June 18, expressed strong disapproval of the Madras High Court’s directive to arrest and take action against suspended Additional Director General of Police (ADGP) HM Jayaram in connection with the abduction of an 18-year-old boy. The apex court also questioned the Tamil Nadu government’s decision to suspend the senior IPS officer despite his cooperation in the ongoing probe.
A bench comprising Justices Ujjal Bhuyan and Manmohan was hearing a special leave petition (SLP) filed by Jayaram, challenging the Madras High Court’s order passed on June 16. The High Court had ordered the police to “secure and take action” against Jayaram while considering an anticipatory bail plea filed by Puratchi Bharatham Party MLA “Poovai” Jagan Moorthy, who is an accused in the same abduction case.
Jayaram’s petition contends that the High Court passed “arbitrary and prejudicial directions” without due process, infringing his fundamental rights under Articles 14 (Equality before the law) and 21 (Protection of life and personal liberty) of the Constitution. The senior officer was not even a party to the anticipatory bail plea being heard, his counsel submitted.
Jayaram was taken into custody on June 16 after appearing before the Madras High Court. He was questioned for nearly six hours and later released on June 17 around 5 pm. However, the Tamil Nadu Home Department issued his suspension order soon after.
“This is very demoralising,” Justice Bhuyan remarked, referring to the suspension. “He’s a senior police officer. Where is the question of suspending him if he has joined the investigation? You can’t do this.”
The Supreme Court directed the state’s counsel to seek instructions on whether the suspension order could be withdrawn and posted the matter for further hearing on Thursday.
Justice Manmohan observed, “I have been a judge for 18 years. I never knew I had this power [to order an arrest],” reacting to the High Court’s move to direct police action against a senior officer during an anticipatory bail hearing.
The case stems from a complaint filed by a woman named Lakshmi, who alleged that her younger son was abducted after her elder son married a woman from Theni district against her family’s wishes. The abductors were allegedly looking to locate the eloped couple. The teenager was later found injured and traumatised.
Investigation revealed that the ADGP’s official vehicle was used in the abduction. Justice P Velmurugan of the Madras High Court ordered action against Jayaram, stating that as a public servant he was answerable to the people and “no one is above the law.”
However, the Supreme Court has taken issue with both the nature of the High Court’s directive and the state’s suspension of Jayaram. The petitioner’s lawyer said Jayaram was released at 5 pm on June 17 but was still suspended. The State’s lawyer said Jayaram was not arrested but had voluntarily joined the investigation. The Court then asked if the suspension could be taken back, and the State’s lawyer asked for time to get instructions.
The apex court will take up the matter again on June 19.
(With IANS inputs)