The Supreme Court has strongly criticized the Tamil Nadu government for suspending Additional Director General of Police (ADGP) HM Jayaram, deeming the action "demoralising." The apex court's remarks came during a hearing on a special leave petition filed by Jayaram, challenging an order by the Madras High Court that directed police to take action against him in connection with an abduction case.
Justices Ujjal Bhuyan and Manmohan, comprising the Supreme Court bench, voiced their shock over the High Court's directive, questioning the necessity of arresting a senior officer in the midst of an ongoing investigation. They further questioned the Tamil Nadu government's decision to suspend Jayaram despite his cooperation with the authorities. "You can't do this. This is very demoralising," the court told the State regarding the IPS officer's suspension. The Court noted that even though the senior Indian Police Service (IPS) officer was released on Tuesday, he has been suspended from his post. The Court said such action was shocking and asked the State counsel to furnish details about withdrawal of the suspension. "You obtain instructions. He's a senior police officer. Where's the question of suspending him if he's joined investigation.
The case originates from a complaint filed by a woman who alleged her son was abducted following his inter-caste marriage, which was opposed by the bride's family. Several individuals were arrested in connection with the case, and some reportedly implicated MLA Poovai M Jagan Moorthy and ADGP Jayaram. It is alleged that the girl's father contacted a dismissed woman police constable to annul the marriage, who then involved ADGP Jayaram, who in turn brought in MLA Moorthy.
The Madras High Court, while hearing an anticipatory bail plea filed by MLA Moorthy, directed the police to take action against ADGP Jayaram, leading to his detention. The Supreme Court has now questioned the High Court's order, with Justice Manmohan remarking, "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.
During the Supreme Court hearing, Jayaram's counsel stated that the ADGP was kept in custody for 24 hours before being released, only to be immediately suspended. The Tamil Nadu government's counsel argued that Jayaram had not been formally arrested but had voluntarily joined the investigation. The Supreme Court, however, pressed the state to explain the rationale behind the suspension, especially since the officer was cooperating. "If he is not arrested, then why you are suspending him?" Justice Bhuyan asked.
The Supreme Court has directed the Tamil Nadu government to seek instructions on whether the suspension order can be withdrawn, emphasizing that Jayaram is a senior police officer and the suspension could be demoralizing. The matter has been listed for further hearing, with the apex court expected to further examine the circumstances surrounding the ADGP's suspension and the High Court's directives.