TN ADGP suspension: SC transfers abduction case probe to CB-CID
The Supreme Court on Thursday transferred the probe in the alleged abduction case in which Tamil Nadu Additional Director General of Police (ADGP) H M Jayaram was suspended to the state Crime Branch-Criminal Investigation Department (CB-CID), after the state government agreed to it.
Senior Advocate Siddharth Dave, appearing for Tamil Nadu, conveyed this to a bench of Justices Ujjal Bhuyan and Manmohan. 'In deference of what has fallen from Your Lordships, we will entrust it to the CB CID, which is the highest investigating body in the state,' Dave told the court after it asked him to take instructions on whether the state was willing to transfer to probe from the local police to some other agency.
'After hearing learned counsel for the parties, we are of the view that petitioner would have his remedies to assail the order of suspension. However, looking into the controversial circumstances in which the impugned order came to be passed, we are of the view that investigation of this case may be handed over to CB CID. In fact Mr Dave submits on instruction that the state would have no objection to such transfer or investigation,' the bench said in its order.
The Supreme Court was hearing a challenge to a June 16 order by a single judge of the Madras High Court that asked the police to arrest Jayaram in connection with the investigation in the alleged abduction case. Jayaram has been accused of abetting the abduction 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.
On Thursday, the Supreme Court also set aside the high court 'direction…to secure and take action against the petitioner…' IPS officer. It also asked the Madras High Court Chief Justice 'to assign' the matter pending before the single bench 'and other related/connected numbers…to another bench'.
Though the high court directed Jayaram's arrest, the Tamil Nadu government had informed the Supreme Court on Wednesday that he was not arrested. The bench then sought to know why he was suspended if he had not been arrested.
On Thursday, Dave told the court that he 'was not suspended because of the orders of the High Court. He was suspended under' the relevant rules of the 'All India Services (Discipline and Appeal) Rules, 1969, which empowers the…disciplinary authority to place a member of the service (IPS in this case) in respect of whom or against whom an investigation or enquiry or trial relating to a criminal charge is pending.'
Dave added that 'presently the investigation is underway and depending on the report of the investigation, a decision would be taken regarding continuance or otherwise of the suspension order of the petitioner'.
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