Justice Banu said that she stands by her order pronounced on 4 July and she added that she had nothing to decide regarding further custody.
Published Jul 25, 2023 | 8:11 PM ⚊ Updated Jul 25, 2023 | 8:11 PM
Balaji was arrested on 14 June by the ED under the Prevention of Money Laundering Act (PMLA) in a cash-for-jobs scam when he was Transport Minister during the earlier AIADMK regime. (Creative Commons)
Refusing to order the remand of Tamil Nadu Minister V Senthil Balaji to the Enforcement Directorate (ED), the Madras High Court on Tuesday, 25 July, closed the Habeas Corpus Petition (HCP) — saying the case is pending before the Supreme Court.
When the matter came up before a bench comprising Justices J Nisha Banu and Bharatha Chakravarthy, Justice Banu said that she stands by her order pronounced on 4 July, releasing the minister from ED’s custody, and she added that she had nothing to decide regarding further custody of Balaji.
Solicitor General Tushar Mehta, who appeared on behalf of the ED, submitted that the central investigative agency wants to question Balaji in their and that he is ready to argue the case.
However, NR Elango, the senior counsel appearing for Balaji’s wife Megala, submitted that the ED had preferred an appeal before the Supreme Court against a portion of the judgement delivered by the third judge CV Karthikeyan.
Following this, the judges said that the matter could be decided before the apex court and closed the petition, as the matter is pending before the Supreme Court for hearing.
On 4 July, a bench comprising Justices Banu and Chakravarthy had delivered a split verdict in the HCP filed by Megala. Justice Banu ruled that the ED has no power over the police to claim custody of a detainee and, therefore, it is not entitled to seek to exclude the treatment days of Balaji in the hospital while calculating the custodial period.
The judge also held that the ED had violated the statutory rights of the minister while arresting him, and directed him to be set at liberty.
Justice Chakravarthy differed with his co-judge and held that the arrest made by the ED was not illegal as the ED was empowered to take a person into custody for interrogation after arresting them under the Prevention of Money Laundering Act (PMLA), 2002.
He also directed that the minister’s judicial custody be extended by 10 more days and then he be shifted to the prison hospital for further treatment. He allowed the ED to take Balaji into custody once his health improved.
Since there was no consensus within the Bench, the Chief Justice of the Madras High Court entrusted the case to Justice CV Karthikeyan as a third Judge to hear the matter.
After hearing the matter, on 14 July, the third judge held that if the ED has the right to arrest a person, it can also have custody of the person. “If the investigation of the ED requires the minister’s custody, then it could be sought as a matter of right,” the judge said.
In the matter of deciding the date of custody, the judge referred the matter to be placed before the division bench of Justices Banu and Chakravarthy for further procedure.
Meanwhile, the petitioner Megala approached the Supreme Court challenging the high court’s order.
On 21 July, the apex court issued a notice to the ED on her petition against the legality of his arrest and custodial interrogation by the anti-money laundering probe agency.
A bench comprising Justices AS Bopanna and MM Sundresh will be hearing the matter on Wednesday, 26 July.
Meanwhile, on 17 July, Senthil Balaji, who was admitted to, and underwent a bypass surgery at, a private hospital in Chennai, was shifted to Puzhal Central Prison.
Balaji’s judicial custody was extended by the principal session court thrice and it ends on 26 July.
Balaji was arrested on 14 June by the ED under the Prevention of Money Laundering Act (PMLA) in a cash-for-jobs scam when he was transport minister during the earlier AIADMK regime.
