SC refrains from interfering with ADGP's suspension
The Supreme Court on Thursday refrained from interfering with the suspension of senior IPS officer and additional director general of police (ADGP) HM Jayaram in a kidnapping case involving a minor, even as it set aside the Madras High Court's order that directed his arrest and requested the high court chief justice to transfer the matter to another bench.
The top court said the matter now warranted a 'dispassionate' investigation by a specialised agency, prompting the Tamil Nadu government to agree to hand over the probe to the Crime Branch-Criminal Investigation Department (CBCID), which it described as the 'highest investigating body in the state.'
A bench of Justices Ujjal Bhuyan and Manmohan passed the directions after senior counsel Siddharth Dave, representing the Tamil Nadu government, informed the court that Jayaram's suspension was not based on any judicial order but on provisions of the All-India Services (Discipline and Appeal) Rules, which allow suspension of an officer against whom a criminal investigation is pending.
Jayaram, a senior officer of the 1995 batch, was suspended by the state government earlier this week after he was alleged to have played a part in the kidnapping of a 16-year-old boy in May, reportedly linked to an inter-caste marriage. The Madras High Court directed the state to arrest Jayaram, stating that 'no one is above the law,' triggering the suspension order shortly after his detention by the Tiruvallur district police.
However, the Supreme Court, which questioned the suspension order on Wednesday, took note of the state's latest submission on Thursday and clarified that it would not intervene in the suspension, while allowing Jayaram the liberty to challenge it before the appropriate forum.
'Looking into the controversial circumstances under which the impugned order was passed, we are of the view that the investigation of this case may be handed over to CBCID,' the bench recorded in its order, while also directing that 'the direction of the high court to secure arrest and take action against the petitioner is hereby set aside.'
During the hearing, the bench engaged in a pointed exchange with the Tamil Nadu government's counsel, expressing concern over the suspension in the absence of any arrest. 'If he has not been arrested, on what basis has he been suspended?' the bench asked Dave.
Dave responded: 'Rules provide that an officer can be placed under suspension if there is a criminal investigation pending against him. It was not based on the order of the high court. It is totally under the rules.'
To this, the bench suggested the state consider transferring the probe to an independent agency. 'You might consider transferring this investigation to a CID or some other independent agency for a dispassionate probe. You may even seek a transfer of this matter to a different judge,' the court observed.
Jayaram's counsel interjected to argue that the high court overstepped its authority. 'The court acted like police and ordered for his arrest. I was not even named in the FIR,' he submitted.
The bench, however, refrained from commenting on the merits of the allegations but reiterated that the state was well within its power to suspend the officer, while noting that Jayaram could always challenge the order. 'If the state wants to suspend you in exercise of its power, we cannot come in the way at this stage. You challenge the suspension order under the rules,' the bench said.
Dave, upon taking instructions, returned to the bench later and submitted: 'We will entrust this matter to the CBCID, which is the highest investigating body in the state.'
In its written order, the Supreme Court recorded that Dave had clarified the suspension was under statutory rules and independent of the high court's direction. The order noted: 'After hearing the counsel for the parties, we are of the view that the petitioner will have his remedies to assail the order of suspension…We would also request the chief justice of the high court to assign this matter and all connected FIRs to another bench.'
Jayaram's suspension followed allegations that he abetted the kidnapping of a minor boy, whose elder brother married a woman from a different caste. The woman's family, allegedly opposed to the marriage, is accused of abducting the younger sibling in an attempt to coerce the couple. According to the complaint by the boy's mother, her home was raided by the woman's family members last month, who used Jayaram's official vehicle in the abduction. The boy was later found injured near a hotel.
The case has led to the arrest of five individuals, including the woman's father, a lawyer, and a now-dismissed policewoman. Their statements reportedly implicated both Jayaram and KV Kuppam MLA 'Poovai' M Jagan Moorthy, who has since appeared for questioning in compliance with court directions.
Earlier this week, Justice P Velmurugan of the Madras High Court ordered Jayaram's arrest while hearing Moorthy's pre-arrest bail plea, slamming the alleged use of 'Kangaroo courts' and abuse of power.
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