The apex court refused to answer two questions: If the habeas corpus plea can be entertained and whether ED's right to question Balaji be denied.
Published Jul 04, 2023 | 3:04 PM ⚊ Updated Jul 04, 2023 | 3:04 PM
The Enforcement Directorate arrested V Senthil Balaji on 14 June.
The Supreme Court on Tuesday, 4 July, requested the Chief Justice of the High Court of Madras to place the habeas corpus petition filed by the arrested Tamil Nadu Minister V Senthil Balaji’s wife before a three-judge bench “at the earliest”.
The apex court made the request after a division bench of the high court delivered a split verdict on the legality of Balaji’s arrest on Tuesday.
The Supreme Court refused the Enforcement Directorate (ED)’s plea to decide whether the habeas corpus petition by Megala could be entertained after Balaji has already been remanded in judicial custody, and if the ED could be denied its right to question the minister for two weeks.
Supreme Court judges Justice Surya Kant and Justice Dipankar Datta also requested the third judge (before whom the matter will now be placed) to decide the legal issues arising in the case “as early as possible”.
The bench kept pending the ED’s plea against the high court order.
Telling the bench that “I was apprehending the split verdict”, Solicitor General Tushar Mehta urged the court to decide the question of law arising in the case, instead of leaving the matter to the third judge.
He said Balaji was an “influential” person and the “damage time will be irreversible”.
Posting the matter for hearing on 24 July, the bench told the solicitor general that they would like to have the benefit of the final opinion of the high court on the issue.
A division bench of Madras High Court on Tuesday morning gave a split verdict.
High court Justice J Nisha Banu held that the habeas corpus plea filed by Balaji’s wife Megala for his release was maintainable and should be allowed. Justice Banu further said ED was not entitled to get Balaji’s custody.
However, Justice D Bharatha Chakravarthy said the habeas corpus plea was not maintainable after the remand order has been passed. He said that no case was made out to show that Balaji’s remand was illegal.
Justice Chakaravarthy has also said that the period of Balaji’s stay in the hospital should be excluded from the ED’s custody period.
In the last hearing of the ED’s petition on 21 June, a vacation bench of the top court comprising Justice Surya Kant and Justice MM Sundresh had refused to interfere with the high court order entertaining a habeas corpus petition against Balaji’s arrest in the alleged ‘cash for job scam’ and permitting his treatment and surgery at a private hospital.
The ED arrested Balaji on 14 June in the alleged scam that took place when he was the transport minister (2011-2015) in the government of the late Chief Minister J Jayalalithaa.
The high court had permitted Balaji to be shifted to a private hospital for coronary bypass surgery and restricted his interrogation in the hospital.
