Supreme Court transfers probe against Tamil Nadu ADGP to CB-CID, sets aside HC order

New Delhi: The Supreme Court on Thursday decided to transfer the probe against Additional Director General of Police (ADGP) H M Jayaram to the CB-CID, after the Tamil Nadu government said it wants his suspension to continue till the probe in the alleged kidnapping case, which involves the senior police officer, is over.

A bench of Justices Ujjal Bhuyan and Manmohan set aside the directive of the Madras High Court asking police to take Jayaram in custody in connection with the kidnapping case.

The court asked the chief justice of the high court to transfer cases involving the ADGP to another bench.

Senior advocate Siddharth Dave, representing the Tamil Nadu government, contended before the bench that the state government wanted Jayaram’s suspension to continue till the probe in the alleged kidnapping case involving him was over. The bench asked Dave to apprise it whether it could transfer the investigation against the senior police officer to either a special branch or the CID.

The counsel submitted before the bench that Jayaram’s suspension was not pursuant to the June 16, order of the high court in the kidnapping case and he was suspended under the rule of the All India Services (Discipline and Appeal) Rules, 1969, which empowered the disciplinary authority to place a member of the service, against whom an investigation or an enquiry, or trial relating to a criminal charge is pending.

He said since the probe is underway, and after the report of the investigation officer, a decision will be taken regarding the suspension order of the senior police officer.

The bench said it may transfer the kidnapping case pending before the high court to another judge of the high court.

The court said the petitioner has his remedies to assail the order of suspension.

However, looking into the controversial circumstances in which the high court order was passed, “we are of the view that the investigation of the case may be handed over to CB-CID," the bench said.

It also noted that the state government has no objection to the transfer of the investigation to CB-CID.

On Wednesday, the court criticised the Tamil Nadu government for suspending Jayaram in connection with his alleged involvement in a minor’s kidnapping case.

The court expressed its discontent with the suspension of the senior police officer and added that “it is shocking and very demoralising”.

On Tuesday, the Tamil Nadu government issued orders placing Jayaram under suspension till further orders.

On Monday, the high court orally directed the Tamil Nadu police to arrest the ADGP in connection with the kidnapping case.