Supreme Court Today (June 19) continued the hearing of Tamil Nadu ADGP HM Jayaram’s plea over his suspension in a kidnapping case. The Court questioned the basis of suspension without arrest and hinted at a CID probe.
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NEW DELHI: The Supreme Court of India resumed the hearing on the petition filed by Tamil Nadu Additional Director General of Police (ADGP) HM Jayaram. He has approached the Court in connection with his suspension, which was issued after allegations surfaced regarding his involvement in an abduction case.
The case is currently being heard by a two-judge bench of the Supreme Court, consisting of Justices Ujjal Bhuyan and Manmohan.
Previously, the top court had asked the Tamil Nadu State Government to take necessary instructions about whether it is possible to withdraw the suspension order passed against ADGP Jayaram.
The Court also expressed concern over the directions given by the Madras High Court against the officer.
At the beginning of the hearing, the Bench asked,
“What has happened Mr. Dave?”
Senior Advocate Siddhartha Dave, who appeared on behalf of the Tamil Nadu Government, responded by saying,
“We would want the suspension to continue till investigation is complete. It’s according to the rule.”
In reply, the Supreme Court bench raised a crucial question, stating,
“Yesterday state counsel said he was not arrested. If he was not arrested then on what basis is he suspended? Do you have a copy of the suspension order?”
Dave then began reading the relevant suspension rules to the Court and explained,
“We want to conclude this investigation. As soon as it’s completed a decision will be taken for revocation of the suspension. It is de hors the HC order.”
At this stage, the Court questioned whether the investigation should be shifted to a neutral and independent body.
The Bench asked,
“Can you transfer the investigation to an independent authority like the CID?”
Meanwhile, the legal counsel representing ADGP Jayaram told the Court that everything began only after the High Court passed its order.
He stated,
“All this did not start prior to this order.”
In response, the Supreme Court observed,
“Pass it on to the CID or any other branch. Take instructions. There are other issues also. Since the suspension is de hors the HC order you (Jayaram) can seek remedies as per law. You can challenge it.”
Following this, Advocate Siddhartha Dave requested some time from the Court to obtain proper instructions from the Tamil Nadu Government, and the matter was briefly deferred.
“Requesting a Passover to seek instructions”
-Adv Dave
CASE TITLE:
H.M.JAYARAM v. THE INSPECTOR OF POLICE AND ANR
Diary No. 33224-2025
YESTERDAY IN TOP COURT
The Supreme Court of India Yesterday (June 18) showed surprise and concern over a decision made by the Madras High Court, which had ordered the suspension and detention of a senior police officer from Tamil Nadu.
The officer H.M. Jayaram, who is currently serving as an Additional Director General of Police (ADGP), had been suspended while a probe was going on regarding a family dispute involving a love marriage and an alleged kidnapping.
The case was heard by a Supreme Court bench made up of Justice Ujjal Bhuyan and Justice Manmohan. They were listening to a petition filed by the officer, Jayaram, who challenged the Madras High Court’s order.
During the hearing, Jayaram’s lawyer informed the court:
“I am not even a party to this case. I am only a serving ADGP.”
At that moment, the court audio got muted briefly. When the audio resumed, the bench strongly questioned the State of Tamil Nadu. The judges pointed out that since the officer had already joined the investigation, suspending him was unnecessary and not fair.
The court firmly said:
“You obtain instructions. He’s a senior police officer. Where’s the question of suspending him if he’s joined investigation. You can’t do this. This is very demoralising. You obtain instructions (to state counsel).”
The Supreme Court also commented on the seriousness of the issue and expressed their strong disapproval of the High Court’s decision.
“These types of orders are shocking.”
As per the official order from the Supreme Court, it was noted that:
“Counsel submits that yesterday around 5pm petitioner was released. However he was placed under suspension. State submits that petitioner was not arrestees but he has joined investigation. State has taken time to seek instructions on whether the suspension in view of the HC order can be revoked.”
The matter has now been left to the State Government of Tamil Nadu to decide whether the suspension of the officer, in light of the High Court’s earlier order, can be taken back.
DAY BEFORE YESTERDAY IN APEX COURT
The Hon’ble Supreme Court of India on Tuesday (June 17) agreed to urgently hear a petition that challenges the Madras High Court’s oral direction, which asked the Tamil Nadu police to arrest Additional Director General of Police (ADGP) H.M. Jayaram in a kidnapping case.
A bench of two Supreme Court judges, Justice Ujjal Bhuyan and Justice Manmohan, confirmed that they will hear the matter on Wednesday. This decision came after a lawyer, appearing on behalf of the accused officer, made an urgent request in court.
The lawyer told the bench,
“Yesterday, a ADGP rank officer was arrested on the direction of the high court. I filed a special leave petition today at 10 am. Kindly list the matter for urgent hearing.”
Responding briefly but firmly, the bench said,
“Ok. We will hear it tomorrow.”
This situation started on Monday when the Madras High Court, in an oral observation, directed the Tamil Nadu police to arrest the senior police officer, ADGP Jayaram, in relation to an alleged kidnapping incident. As per reports, he was taken into custody immediately after stepping out of the court premises.
The directive was given by Justice P Velmurugan of the Madras High Court. He was hearing an anticipatory bail plea filed by M. Jagan Moorthy, a Member of the Legislative Assembly (MLA) from Kilvaithinankuppam. Moorthy also heads a political outfit known as Puthia Bharatham Katchi. He had approached the court fearing arrest in the same kidnapping case.
During the court proceedings on Monday, the judge expressed serious concerns about the legislator’s involvement and called both M. Jagan Moorthy and ADGP Jayaram to appear before him in the afternoon session. According to case details, the ADGP’s official vehicle was allegedly used during the act of kidnapping, which further added to the seriousness of the charges.
Both individuals appeared before the court as ordered.
In a short but clear order, the judge stated that two of the co-accused in the kidnapping case had given confession statements that implicated ADGP Jayaram. Based on this, he said that necessary legal action should be taken.
The judge said,
“Since two of the accused have given a confession statement against the ADGP, action should be taken against him in the manner known to law.”
The judge then posted the matter for further hearing on June 26.
EARLIER IN MADRAS HC
CHENNAI: In a shocking development in Tamil Nadu, ADGP (Additional Director General of Police) HM Jayaram was arrested on Monday, right after the Madras High Court passed serious remarks against him and Puratchi Bharatham Party MLA Poovai M Jagan Moorthy.
Both are under suspicion for being involved in a kidnapping case of a teenage boy, which is linked to a love marriage that went against the girl’s family’s wishes.
This legal matter came up before Justice P Velmurugan, who was hearing the anticipatory bail petition of MLA Moorthy. During the hearing, the Court was informed that Moorthy was missing and trying to escape from police custody.
The judge then passed an order requiring both MLA Moorthy and ADGP Jayaram to personally appear in court that afternoon.
After MLA Moorthy appeared in court, the judge did not order his arrest but gave a direction that:
“Since he has appeared in person, he is directed to co-operate for the investigation being done by the Police,”
-said the Court.
But in the same hearing, the Court came down heavily on the senior police officer, ADGP Jayaram.
The judge directed the police to take necessary legal steps against him, saying:
“Since two of the accused had already been arrested, giving confession statement against the Additional Director General of Police, the respondent-Police is directed to secure and take action against the Additional Director General of Police in the manner known to law,”
-the Court ordered.
Shortly after this order from the High Court, ADGP Jayaram was arrested, as per media reports.
Background of the Case
This case involves the abduction of a teenage boy, whose elder brother (aged 23) had married a 21-year-old woman from Theni district against her family’s approval. After the marriage, the couple went into hiding.
The younger brother, who is around 16 to 18 years old, was reportedly kidnapped from his house while he was sleeping on the terrace. His mother, Lakshmi, lodged a complaint, after which the police started an investigation and arrested several individuals.
Allegations Against MLA Moorthy
According to the Additional Public Prosecutor (APP) A Damodaran, the police had attempted to arrest MLA Moorthy on June 15 (Sunday), but were stopped by around 2,000 party workers from Puratchi Bharatham Party, who had gathered at his house. Moorthy reportedly fled the scene during the chaos.
After this, Moorthy filed an anticipatory bail plea. His lawyer, Senior Advocate S Prabakaran, argued in the High Court that:
“My client has no involvement in the abduction case. Still, the police are trying to arrest him and keep him in custody,”
-he told the Court.
Serious Accusations Detailed in Court
On the other hand, APP Damodaran firmly told the court that MLA Moorthy was involved in the crime.
As per The Hindu, the APP explained that after the love marriage, the girl’s father Vanaraja contacted Maheshwari, a former woman constable who was removed from service. She tried to get the marriage cancelled and approached ADGP Jayaram, who then allegedly involved MLA Moorthy.
The APP said:
“The MLA’s men went to Lakshmi’s home to kidnap her elder son. When they did not find him there, they abducted her younger son instead.”
The youth was reportedly taken in two vehicles by the group. After police pressure increased, the ADGP’s official vehicle was used to release the kidnapped boy near a bus stand, to avoid being caught during police checking. A police constable drove the vehicle, and both Maheshwari and Vanaraja were reportedly present in the car.
Key People Arrested and Confessions Made
So far, five people have been arrested, including:
- Maheshwari (former police constable)
- Vanaraja (the girl’s father)
- Advocate Sarathkumar (connected to MLA Moorthy’s party)
According to the APP:
“Both the former constable and the lawyer confessed their involvement, and their statements clearly pointed fingers at the MLA as being part of the crime.”
The APP also informed the Court that:
“Rs 7.5 lakh was recovered from the accused. Only custodial interrogation can reveal the full truth behind this case.”
Next Court Hearing
The Madras High Court has listed the next hearing of this sensational case for June 26.
CASE TITLE:
M Jaganmoorthy vs The Inspector of Police.
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