It's Shocking Actually: SC On Madras HC's Arrest Order On Tamil Nadu Cop HM Jayaram

The Supreme Court on Tuesday (June 18) expressed shock over the Madras High Court's order to arrest Additional Director General of Police (ADGP) HM Jayaram in connection with an abduction case. It also raised serious concerns over the Tamil Nadu government's decision to suspend the top cop during a hearing on an anticipatory bail plea filed by one of the accused.

What Apex Court Said?

HM Jayaram was arrested on June 16 and released around 5 pm as he approached the apex court, the petitioner's counsel informed a bench comprising Justice Ujjal Bhuyan and Justice Manmohan, according to a report in Live Law.

However, the DMK informed that Jayaram was not arrested. Objecting to the suspension, Justice Bhuyan said, "You can't do this. This is very demoralising." Justice Manmohan added that the officer had a service record spanning 28 years.

The State's legal representative insisted that their only expectation was for Jayaram to cooperate with the investigation. The bench responded by questioning the rationale behind his suspension when he had already done so.

Justice Bhuyan urged the State to reconsider the suspension, stating, "You obtain instructions to withdraw the suspension order, he's a senior police officer."

Commenting on the High Court's order, Justice Bhuyan remarked, "These type of orders, it is shocking actually," while Justice Manmohan quipped, "I have been a judge for 18 years. I never knew I had this power [to direct arrest]."

Madras HC's Arrest Order

Justice P Velmurugan of the Madras High Court had ordered police action against the ADGP, stating that as a public servant, Jayaram was answerable to the public. The court asserted that a strong message should go out to the public that no one was above law.

The bench has scheduled the matter for hearing tomorrow, instructing the State counsel to return with clarity on the suspension status.

The court also noted in its order: "Mr Chaudhari, for the petitioner submits that yesterday petitioner was released on 5 pm, however, placed on suspension. The learned state counsel submits that petitioner was not arrested, he joined investigation. On query by the court, he seeks time to obtain instructions on whether the suspension order against the petitioner, in view of the high court's order, would be withdrawn. List tomorrow."

The case relates to an anticipatory bail application filed by KV Kuppam MLA "Poovai" Jagan Moorthy, tied to an abduction case registered in Thiruvallur Police Station following a complaint by a woman named Lakshmi.

As per Lakshmi's complaint, her elder son had married a girl without her family's approval. Later, members of the girl's family, accompanied by alleged miscreants, barged into her house searching for the couple. Unable to find them, they allegedly abducted her younger son, aged 18.

She claimed her son was later found injured and dropped near a hotel - reportedly in the official vehicle of the ADGP. Allegations also suggest the MLA conspired in the incident.