‘Shocking’: SC slams Tamil Nadu for suspending ADGP in kidnapping case
A bench of justices Ujjal Bhuyan and Manmohan expressed concern that the suspension carried out following a directive of the Madras high court could cause “irreparable injury”
The Supreme Court on Wednesday came down heavily on the Tamil Nadu government for suspending additional director general of police (ADGP) HM Jayaram over his alleged involvement in a minor’s kidnapping case, calling the action “shocking” and urging the state to withdraw it.
A bench of justices Ujjal Bhuyan and Manmohan expressed concern that the suspension carried out following a directive of the Madras high court could cause “irreparable injury” to the senior officer who joined the investigation in the case.
“Why have you suspended him? He is a senior police officer. You cannot do this. Such orders are demoralising. He has also joined the investigation. He will suffer irreparable injury. This type of order is shocking,” the bench told the state government’s counsel, who informed the court that Jayaram was suspended in compliance with the high court’s directions.
Jayaram’s counsel argued: “I am not even a party to the case. I am just a serving ADGP, and the high court passed an order against me.”
The bench asked the state to seek instructions on why the suspension order should not be withdrawn and posted the matter for hearing on Thursday. “List it tomorrow for the state to seek instructions why the suspension order issued against the petitioner be not withdrawn,” the court said. It noted that Jayaram had been released from custody on Tuesday evening.
The Supreme Court’s observations came a day after Jayaram was suspended hours after being detained following a directive from the high court.
The high court ordered his arrest in connection with the alleged kidnapping of a 16-year-old boy allegedly linked to an inter-caste marriage. Jayaram is accused of abetting the kidnapping by allegedly allowing his official vehicle to be used by individuals trying to forcibly separate a couple.
The boy, allegedly kidnapped from his home, is the younger brother of the man who had married a woman from a different caste, reportedly against her family’s wishes. According to the complaint of the boy’s mother, the couple went into hiding after marrying, prompting the woman’s family to forcibly enter her home on April 5 and kidnap her younger son allegedly using Jayaram’s vehicle. The boy was later found injured.
Five people, including the woman’s father, a lawyer, and a now-dismissed policewoman, have been arrested in the case. Their statements reportedly implicated Jayaram and assembly members “Poovai” M Jagan Moorthy, who is also under investigation. On Tuesday, Moorthy appeared for questioning in compliance with court directions.
Jayaram on Tuesday mentioned his petition before the Supreme Court seeking protection from arrest and a stay on the high court’s directive.
This week, the high court ordered Jayaram’s arrest, with Justice P Velmurugan saying that “a strong message should go out to the public that no one is above the law.” The high court was hearing Moorthy’s pre-arrest bail plea when it orally directed the police to arrest the ADGP. It also criticised the lawmaker for allegedly orchestrating “Kangaroo courts” and abusing his position of power.
