The Supreme Court on Thursday transferred investigation against ADGP H M Jayaram to the CB-CID after the Tamil Nadu government said it wants his suspension to continue till probe in the kidnapping case allegedly involving him is over.
A bench of Justices Ujjal Bhuyan and Manmohan asked the Madras High Court chief justice to transfer cases involving the ADGP to another bench as it set aside the directive of the high court asking police to take Jayaram in custody."The petitioner would have his remedies to assail the order of suspension. However, given the controversial circumstances in which the impugned order came to be passed, we are of the view that the investigation of this case be handed over to CB-CID," the bench said.The top court observed state's senior counsel Siddharth Dave had no objections.
"That apart, we request the Chief Justice of Madras High Court to assign and other related matters to another bench. The direction of the high court to secure and take action against the petitioner is set aside. Matter stands disposed," the bench added.Jayaram's counsel said there was nothing prior to the order of the high court and no inquiry or FIR was registered against him and therefore it was wrong on the part of the state that the suspension order was not related to the proceedings before the high court.
The bench, however, said if the suspension order was bad, it is open for the senior officer to challenge it in appropriate proceedings.
Earlier in the day the top court asked the Tamil Nadu government to tell whether it could transfer investigation against Jayaram to special branch or CID after the state said it wanted his suspension to continue till the investigation in the kidnapping case concluded.
Dave said Additional Director General of Police (ADGP) Jayaram's suspension did not come after the June 16 order in the kidnapping case but he faced other allegations as well.
Jayaram suspension, he said, was within the rules, pending investigation in a criminal case against him.The bench then mulled transferring the kidnapping case to another judge of the high court.While Dave did not wish to comment on the high court judge dealing with the kidnapping case, he said he was only apprising the court about the other cases.The top court on June 18 grilled the Tamil Nadu government over the suspension of Jayaram, who was directed to be arrested by the Madras High Court.
The apex court was informed by the state government’s counsel that the officer was taken into custody and released on Tuesday at around 5 pm but was placed under suspension.The matter in the high court is scheduled to come up on June 26
Follow us
