Court cannot order to secure or arrest a person

1. We have heard Mr. Aditya Kumar Choudhary, learned counsel for the petitioner and Mr. Siddhartha Dave, learned Senior Counsel for respondent No.1 – State.

2. Yesterday, i.e., on 18.06.2025, we had passed the following order:

“1. Permission to file Special Leave Petition is granted.

2. In the course of hearing, learned counsel for the petitioner submits that yesterday petitioner was released at around 5 p.m. However, he has been placed under suspension by the State Government.

3. Learned counsel for the respondent-State on the other hand submits that petitioner was not arrested and he has joined investigation.

4. On a query by the Court, learned counsel for the respondent-State prays for time to obtain instructions as to whether the order of suspension, in view of the High Court’s order, would be withdrawn.

5. List tomorrow (i.e., on 19.06.2025).”

4. After hearing learned counsel for the parties, we are of the view that petitioner would have his remedies to assail the order of suspension. However, looking into the controversial circumstances in which the impugned order came to be passed, we are of the view that investigation of this case may be handed over to CBCID. In fact, Mr. Siddhartha Dave, learned Senior Counsel for respondent No.1 – State submits on instructions that the State would have no objection to the transfer of such investigation. That apart, we also request learned Chief Justice of the High Court of Judicature at Madras to assign Criminal O.P. No.17521/2025 and other related / connected matters arising out of Crime No.101/2025 to another Bench.

5. Consequently, the direction of the High Court to the respondents to secure and take action against the petitioner is hereby set aside.

6. Special Leave Petition is disposed of. Pending application(s), if any, shall stand disposed of.

Party

H.M. Jayaram vs. The Inspector of Police & Anr, – Special Leave to Appeal (Crl.) No. 9196/2025 – Item No. 20 – Court No. 11 – Section II -C – 16-06-2025 Hon’ble Mr. Justice Ujjal Bhuyan and Hon’ble Mr. Justice Manmohan.

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