The Supreme Court on Thursday asked the Madras High Court Chief Justice to transfer the case involving abduction allegations against Tamil Nadu Additional Director General of Police (ADGP) HM Jayaram, to a different bench of the High Court..The Bench of Justice Ujjal Bhuyan and Justice Manmohan of the top court also set aside the order passed by the High Court on Monday for action against Jayaram. Further, the Court asked the Tamil Nadu government to transfer the investigation in the case to Crime Branch - Criminal Investigation Department (CB-CID)."We will request the Chief Justice to assign it to some other bench. Courts are running administration now," the Bench remarked as it passed these directions. .Jayaram moved the top court after Madras High Court ordered action against him on June 16 while hearing an anticipatory bail plea filed by Puratchi Bharatham Party MLA Poovai M Jagan Moorthy, who is alleged to be involved in the abduction of a teenager following an inter-caste marriage opposed by the girl’s family.The High Court had directed both the MLA and the ADGP to appear in person after being informed that Moorthy was absconding and allegedly evading arrest. While High Court refrained from ordering Moorthy’s arrest after he appeared before the Court, it ordered the police to take action against ADGP Jayaram in accordance with law. Jayaram was thereafter, taken into custody..Yesterday, the Court had expressed shock over the Madras High Court's order directing action against Jayaram. Terming his suspension of service as 'demoralising', the Court had asked the State to seek instructions for revoking the senior IPS officer's suspension order.Today, Senior Advocate Siddhartha Dave, appearing for the State, submitted that it would like the suspension order to continue for now. As soon as the investigation is completed, a decision will be taken on the revocation of Jayaram's suspension, the Court was told.However, the Court said,"Yesterday State counsel said he was not arrested. If he was not arrested then on what basis is he suspended?"The Court then asked Dave to seek instructions on whether the probe can be transferred to the CBI. It also observed that Jayaram can independently challenge his suspension..Subsequently, Dave informed the apex court that the State has agreed to handover the probe to CB-CID. However, it also requested that the High Court should not "trouble" the State for the decision. Consequently, the Supreme Court directed the High Court Chief Justice to transfer the plea pending before it to a different bench.Meanwhile, the counsel representing Jayaram said he was suspended only because of the High Court order and that there were no allegations against him. "The suspension is not de hors the order of the High Court. No investigation was pending against me before the order of the High Court. He was kept in custody for 24 hours. There is no notice given to him to join investigation. Just because the matter was listed the next day they released me at 5pm. I am nowhere named in the FIR. The informant is the mother of the boy, has given an affidavit on 11th June saying that she wants to settle the matter," the Court was told.It was also submitted that the parties have settled the matter and may soon move for the quashing of the plea..However, the Court said it cannot come in the way of the State's decision to suspend Jayaram. It went on to record the State's submission that he was not suspended because of the High Court order but in accordance with the rules which empower the disciplinary authority to place a member of the Indian Police Service (IPS) under suspension against whom an investigation relating to a criminal charge is pending."Looking into the controversial circumstances in which the impugned order had been passed we are of the view that investigation of this case be handed over to CB CID. That apart, we also request Ld. Chief Justice of High Court of Madras to assign the case to another bench. With this, the direction of the HC to secure and take action against the petitioner is hereby set aside," the Court ordered..Pertinently, the State had on Wednesday told the top court that Jayaram was never taken into custody and had merely joined investigation. Jayaram's counsel, however, had contended that he was in fact taken into custody and released after 24 hours. .The case relates to the alleged abduction of a teenage boy after his elder brother, aged 23, married a 21-year-old woman from Theni against her family’s wishes. The boy’s mother lodged a police complaint, following which several individuals were arrested. Some of them reportedly confessed that Moorthy and Jayaram were also involved..According to the State, the girl’s father, Vanaraja, had contacted Maheshwari, a dismissed woman police constable, to annul the marriage. Maheshwari allegedly escalated the matter to ADGP Jayaram, who then involved MLA Moorthy. When police tried to arrest Moorthy on June 15, approximately 2,000 party cadres allegedly gathered to obstruct the attempt, and the MLA reportedly fled. .The High Court was also informed that the boy was later dropped off near a bus stand using the ADGP’s official vehicle, driven by a constable to avoid detection. According to the prosecution, ₹7.5 lakh in cash was recovered and two of the arrested accused – including an advocate affiliated with Moorthy’s party and Maheshwari – had confessed to their involvement and implicated the MLA.
