Supreme Court Orders Transfer Of Kidnapping Case Against Tamil Nadu Senior Cop
The Supreme Court on Thursday while hearing suspended ADGP HM Jayaram directed the Tamil Nadu government to transfer the investigation of the teenager's abduction case to CB-CID.
The Supreme Court while setting aside the arrest order of the Madras High Court also directed the Chief Justice of the high court to transfer the case to some other bench.
However, the suspension of the officer will continue as the Tamil Nadu government told the Supreme Court that his suspension did not come from the high court order, but from rules.
Senior lawyer Siddharth Dave appearing for Tamil Nadu told the Supreme Court that he was not suspended because of the orders of the high court, but under Rule 3 of the All India Service Rules, 1969.
This rule empowers a disciplinary authority to suspend a member of service in respect of whom or against whom an investigation, inquiry or trial is pending.
The senior lawyer said that presently the investigation is underway and depending on the report of the investigating officer, a decision will be taken on the suspension order.
The Supreme Court, taking this submission on record, said the suspended ADGP would have options to appeal against the suspension.
The Supreme Court was hearing a petition filed by the suspended Assistant Director General of Police HM Jayaram, challenging his arrest in a kidnapping case.
The Madras High Court ordered the arrest of Mr Jayaram and criticised Kilvaithinankuppam (SC) MLA 'Poovai' M Jagan Moorthy for "misusing his political power" in connection with the kidnapping of a teenager.
The officer approached the Supreme Court saying his arrest order was passed when he was not even a party to the proceedings in the high court.
In the last hearing, the Supreme Court expressed shock over the high court order and sought the Tamil Nadu government's reply in withdrawal of suspension.
The matter pertains to a May 10 kidnapping of an 18-year-old man in Thiruvallur district. He was reportedly kidnapped by a group seeking information about his elder brother, who had married a woman from Theni district against her family's wishes.
The Madras High Court castigated the MLA and the senior police officer for using political muscle to block a lawful investigation.
The case has been filed by the mother of the kidnapped man against the group of men who allegedly entered their house in Kalambakkam, searching for her elder son.
They allegedly kidnapped the younger son when his elder brother was nowhere to be found. The kidnappers allegedly posed as police officers and later dropped the man near a hotel in a vehicle belonging to Mr Jayaram, the woman said in her complaint.
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