The Supreme Court has addressed the suspension of Additional Director General of Police (ADGP) H.M. Jayaram of Tamil Nadu, who is under investigation for an alleged kidnapping. After initially expressing concerns, the Supreme Court acknowledged the Tamil Nadu government's authority to suspend the ADGP, stating that the suspension is in line with All India Services Rules.
The case involves allegations that ADGP Jayaram's vehicle was used in the abduction of an 18-year-old boy. The abduction purportedly occurred after the boy's brother married a woman from a different caste, an action that was opposed by her family. The Madras High Court had earlier directed police to arrest Jayaram, a move that prompted the Supreme Court to question the necessity of such action, especially considering the officer's cooperation with the investigation.
Representing Tamil Nadu, Senior Advocate Siddharth Dave clarified that the suspension of Jayaram was not a direct result of the Madras High Court's order but was based on the All India Services (Discipline and Appeal) Rules of 1969. These rules empower a state government to suspend an IAS or IPS officer if they are under investigation or facing trial in a criminal case. Dave emphasized the state government's stance that the law should be applied uniformly, regardless of the officer's rank.
In light of the circumstances, the Supreme Court decided to transfer the investigation of the case to the CB-CID (Crime Branch-Criminal Investigation Department), the highest investigating body in the state. The Tamil Nadu government did not object to this transfer. The bench, comprising Justices Ujjal Bhuyan and Manmohan, also set aside the Madras High Court's order to take action against Jayaram and requested the Chief Justice of the Madras High Court to assign the case and related matters to a different bench.
The Supreme Court clarified that while it would not interfere with the suspension order, ADGP Jayaram was free to challenge its legality in an appropriate forum. The court's decision to transfer the case to the CB-CID and to have it heard by a different bench of the High Court reflects a desire to ensure a fair and impartial investigation, given the controversial circumstances surrounding the initial High Court order. The Supreme Court noted that the petitioner has his remedies to challenge the order of suspension.
The case originated from a complaint filed by a woman named Lakshmi, who alleged that her younger son was abducted by a group of people from Theni on May 6. The incident is believed to be linked to her elder son's inter-caste marriage, which was opposed by the bride's family.
Senior Advocate Siddharth Dave informed the Supreme Court that the state government intends to continue Jayaram's suspension until the investigation is complete. The decision on whether to revoke or continue the suspension will depend on the outcome of the investigation.