Supreme Court sets aside Madras HC order directing arrest of TN police officer in abduction case
The Supreme Court on Thursday set aside a Madras High Court order directing the arrest of Tamil Nadu Additional Director General of Police HM Jayaram in a case pertaining to the abduction of a 17-year-old boy, Live Law reported.
The top court also transferred the investigation in the case to the state's Crime Branch-Criminal Investigation Department. The Tamil Nadu government agreed to it.
Further, the Supreme Court urged the chief justice of the Madras High Court to transfer matters related to the abduction to a bench different from the one hearing Jayaram's case, The Indian Express reported.
The Madras High Court had on June 16 ordered Jayaram's arrest in a kidnapping case that also named Kilvaithinakuppam MLA Poovai M Jagan Moorthy as a suspect. The police officer claimed that he was subsequently taken into custody for about 24 hours, while the state government maintained that he had merely joined the investigation.
The case stems from a police complaint filed by one Lakshmi, whose elder son married a woman from Theni district against the wishes of her family. Fearing retaliation, the couple went into hiding. In a bid to trace them, members of the woman's family, with the help of hired men, allegedly abducted Lakshmi's younger son from their home.
The 17-year-old boy was later found abandoned near a hotel with visible injuries. During the investigation, the police discovered that an official vehicle linked to Jayaram was allegedly used in the abduction.
The woman's family had reportedly also sought help from Moorthy. The MLA is accused of being involved in the abduction and is also alleged to have later prevented the police from questioning him by having party supporters gather around his residence.
On Wednesday, the Supreme Court had described the High Court order directing Jayaram's arrest as shocking. 'I have been a judge for 18 years,' Bhuyan had said. 'I never knew I had this power [to direct arrest].'
The Supreme Court then asked the Tamil Nadu government why the officer was suspended if he was not arrested.
On Thursday, lawyer Siddharth Dave, representing the Tamil Nadu government, said that Jayaram was not suspended because of the High Court order, The Indian Express reported. He said that the official was suspended as per the provisions of the All India Services (Discipline and Appeal) Rules, 1969, under which a civil servant against whom a criminal inquiry is pending can be suspended.
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