Questioning the suspension of Tamil Nadu Additional Director General of Police (ADGP) H M Jayaram after the Madras High Court directed his arrest in connection with an abduction case, the Supreme Court on Wednesday asked the state if it would withdraw the suspension.
A bench of Justices Ujjal Bhuyan and Manmohan also termed the high court order directing the arrest of the police official as “shocking”.
“This type of orders are shocking actually,” said Justice Bhuyan.
of a minor boy by allowing his vehicle to be used by a group of people who sought to forcibly separate an inter-caste couple.
The boy is the brother of the man who married a woman from a different caste, purportedly despite opposition from her family.
On Wednesday, the counsel for informed the bench that Jayaram had not been arrested.
“If he is not arrested, then why you are suspending him?” asked Justice Bhuyan.
The counsel for the ADGP said he was kept in custody for 24 hours.
“You obtain instructions… (whether you are willing to) withdraw the suspension order. He is a senior police officer. Rank of Additional DGP,” said Justice Bhuyan.
The state’s counsel said Jayaram had joined the investigation.
“So if he has joined investigation, where is ?” asked Justice Bhuyan, adding, “ You can’t do this. This is very demoralising.”
Justice Bhuyan told the state counsel, “You obtain instructions. We will take it up tomorrow…Why should he suffer?”
Justice Manmohan too expressed his displeasure with the high court order and said, “I have been a judge for 18 years. I did not know I had these powers…We never had the power to arrest.”
The bench said in its order, “Counsel for the petitioner informs that yesterday the petitioner was released about 5 pm. However, he has been placed under suspension. The state counsel, on the other hand, submits that petitioner was not arrested and he has joined investigation. On a query by the court, he prays for time to obtain instructions as to whether the suspension order against the petitioner in view of the High Court order would be withdrawn.”
The bench will hear the matter again on Thursday.
On Monday, the Madras High Court had ordered Jayaram’s arrest and criticised Kilvaithinankuppam in connection with the abduction case.
Justice P Velmurugan asked the Tamil Nadu Police to take the into custody and proceed as per law, remarking that public servants like him were “answerable to the public” and that a strong message must go out that “no one is above law”.
Jayaram was detained after he came out of the court building.
The court, which was hearing Moorthy’s anticipatory bail petition in the afternoon session, refrained from granting any relief to the MLA and instead instructed him to cooperate fully with the investigation.
The judge warned that if the MLA failed to do so, strict action would follow.
