Senthil Balaji case: Madras HC delivers split verdict; matter to be heard by 3-judge bench now
Senthil Balaji case: The matter will now be heard by a three-judge bench constituted by the High Court Chief Justice.
FollowSenthil Balaji case: The Madras High Court has delivered a split verdict in the Habeas Corpus petition filed against the arrest of Senthil Balaji by the Enforcement Directorate. Justices J Nisha Banu and D Bharatha Chakravarthy delivered a split verdict in the case. Justice Banu set the minister at liberty while Justice Chakravarthy differed with his colleague.
The matter will now be heard by a three-judge bench constituted by the High Court Chief Justice. Balaji's wife had submitted an affidavit in the high court requesting the arrest by the Enforcement Directorate (ED) in connection with a cash-for-jobs scam to be declared illegal.
Representing the ED, Solicitor General Tushar Mehta argued that the court should not intervene in the matter since a trial court had already determined that the minister's custody was legal, as stated by anonymous senior advocates.
Balaji's legal counsel, senior advocate Mukul Rohatgi, opposed the plea by highlighting previous judgments that emphasized the limitation of extending custody beyond 15 days under any circumstances.
This stance is in line with senior counsel and DMK MP N R Elango, who also represents Balaji, stating during a previous hearing that the Habeas Corpus Petition (HCP) is indeed valid, and as per the law, custodial interrogation cannot be extended beyond 15 days.
Rohatgi further added that there is no provision in the law for excluding this period, emphasizing that investigation can continue without custody, with judicial custody being the norm and police custody being the exception.
Balaji was arrested by the ED on June 14 under the Prevention of Money Laundering Act (PMLA) in connection with a case dating back to 2014 when he served as the transport minister under the previous AIADMK regime. He later joined the DMK in 2018.
Balaji's wife, S Megala, filed the Habeas Corpus Petition (HCP) to challenge the legality of his arrest. Since his arrest, Balaji has been hospitalized for the treatment of three heart blocks and underwent a Beating Heart Coronary Artery Bypass Surgery on June 21.
Initially, a sessions court in Chennai granted the ED eight days of custody starting from June 16, but the interrogation was limited to the hospital premises. The ED then approached the Supreme Court, seeking permission to interrogate Balaji outside the hospital. The Supreme Court did not stay the Madras High Court's order allowing Balaji to be shifted to a private hospital and directed the ED to approach the high court. The sessions court in Chennai subsequently remanded Balaji to judicial custody until June 28.
