Supreme Court Slams Madras HCs Arrest Order Of Tamil Nadu ADGP Jayaram In Abduction Case
A Bench of Justices Ujjal Bhuyan and Manmohan was hearing a special leave petition (SLP) filed by the senior IPS official seeking a stay on the impugned Madras High Court directive.
As per the SLP filed before the apex court, there was absolutely no material on record warranting his custodial interrogation, and the 'arbitrary and prejudicial directions' were issued without due process, infringing his fundamental right to equality before the law and protection of life and personal liberty.
During the course of the hearing, the Justice Bhuyan-led Bench also raised eyebrows over the order issued by the Tamil Nadu Home Department on Tuesday, suspending ADGP Jayaram.
'He is a senior police official. Where is the question of suspending him when he has joined the investigation? You cannot do this. This is very demoralising,' it remarked.
Posting the matter for hearing on Thursday, the apex court asked Tamil Nadu's counsel to seek instructions on the withdrawal of the petitioner's suspension.
Pertinently, the state's government submitted before the top court that the petitioner was not arrested since he joined the investigation.
On Monday, Tamil Nadu Police took ADGP Jayaram into custody as he exited the Madras High Court premises, and was immediately taken to Thiruvalangadu police station for interrogation.
He was questioned for nearly six hours by the investigating officer, during which his formal statement was recorded as well.
The senior IPS official is accused of facilitating the abduction of a minor boy by allegedly providing his official vehicle to a gang involved in forcibly separating a couple.
The abduction case centres around a complaint lodged by a woman named Lakshmi, whose elder son had married a woman from Theni district against her family's wishes. The couple reportedly went into hiding, fearing retaliation.
In an attempt to locate the couple, members of the woman's family, allegedly aided by hired men, barged into Lakshmi's home and abducted her younger son in their absence. The boy was later found abandoned near a hotel, injured and traumatised.
Subsequent investigation revealed that an official car linked to ADGP Jayaram was allegedly used in the abduction, prompting the Madras High Court to take direct, immediate action against the senior IPS official.
On Tuesday, the matter reached the Supreme Court, and a bench of Justices Bhuyan and Manmohan agreed to hear the SLP on June 18.
Jayaram's lawyer said: "Yesterday, an ADGP rank officer was arrested on the direction of the Madras High Court. The SLP has been filed today at 10 a.m. Kindly list the matter for urgent hearing."
Advocates Aditya Kumar Choudhary, Sandeep Pandey, Vel Murugan, Venkatesh Mohanraj and Rajesh Singh Chauhan are representing the petitioner before the apex court.
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