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Abduction, Suspension Inside Jayaram Case: SC Flags HC Overreach

The Supreme Court bench of Justice Ujjal Bhuyan and Justice Manmohan, intervened in a complex legal matter involving allegations of abduction against H.M. Jayaram, the Additional Director General of Police (ADGP) in Tamil Nadu. The apex court has now issued instructions to the Chief Justice of the Madras High Court to transfer this case to another bench, highlighting the need for a fresh perspective on the legal proceedings.

In a previous hearing the bench had made critical observations about the Madras High Court’s order of arrest of the ADGP, and his subsequent suspension from service. To give context, the Madras High Court had instructed that action be taken against Jayaram, which was subsequently set aside by the Supreme Court with critical observations by the judges on the High Court order. Continuing from where they left, the Supreme Court bench has further added that, "Courts are running administration now," implying that it was essential to maintain judicial independence in the sensitive case.

Further directions of the Apex Court on 19th June included asking the Tamil Nadu government to hand over the investigation to the Crime Branch – Criminal Investigation Department (CB-CID).

Briefly recounting the facts of the case, a complainant by the name of Lakshmi , had reported that her elder son married a girl without obtaining the consent of her family. Following this, the girl's family, accompanied by some miscreants, forcibly entered Lakshmi's home in search of her elder son. As the couple went into hiding, the miscreants resorted to abducting her younger son, aged 18 who was allegedly dropped off later and left abandoned near a hotel, bruised.

The boy's mother Lakshmi lodged a complaint that led to several arrests, amidst claims that Jayaram and Moorthy had played pivotal roles in the unfolding drama, with 7.5 lakh in cash reportedly recovered from two arrested individuals.

Disturbingly, it has been alleged that the abducted boy was dropped off in the official vehicle belonging to the Additional Director General of Police (ADGP). Additionally, there are accusations that a local MLA conspired in these troubling events.

This order stemmed from the handling of an anticipatory bail plea in the Madras High Court relating to an MLA, named Poovai M. Jagan Moorthy, who is accused of being involved in the abduction of a teenage boy in connection with a controversial inter-caste marriage. In earlier proceedings the High Court had demanded both Moorthy and Jayaram appear personally after being informed that Moorthy was evading arrest. Even though the High Court opted not to order Moorthy's arrest when he did appear, it nonetheless directed police to take action against Jayaram. Consequently, Jayaram found himself in custody.

Aggrieved by the High Court’s order of arrest, Jayaram petitioned the Supreme court which expressed astonishment at the High Court's directives against the ADGP. The bench identified the suspension of Jayaram's duties as demoralizing, urging the State to consider revoking it.

The counsel who appeared for the State suggested that the suspension of the ADGP should continue temporarily until completion of the investigation . The idea was that the situation might change in light of new developments.

In the course of arguments , the Supreme Court raised questions regarding the validity of Jayaram’s suspension, emphasizing that if he was not under arrest, the basis for his suspension should be scrutinized.

Due deliberations about potentially transferring the investigation to the Central Bureau of Investigation (CBI) followed with a consensus between the bench that the move would increase the oversight on the case. Additionally, instructions were also given to the Chief Justice of the Madras High Court to transfer this case to another bench.

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Anam Sayyed

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