It is likely the ED officials will re-file for custody of Balaji by submitting to the court that he could not be interrogated due to his treatment.
Published Jun 19, 2023 | 6:46 PM ⚊ Updated Jun 19, 2023 | 6:49 PM
Hospital authorities have reportedly told ED officials that Balaji is undergoing treatment in order to prepare him for bypass surgery — scheduled for 23 June — for triple-vessel disease. (Creative Commons)
Tamil Nadu minister Senthil Balaji, who was arrested by the Enforcement Directorate (ED) on charges of money laundering, is to undergo bypass surgery on Wednesday, 21 June, according to sources in the private hospital where he is admitted.
Meanwhile, ED officials are yet to commence their inquiry into Balaji, even after three days of gaining custody of him.
On 16 June, the Principal Sessions Court in Chennai handed Balaji over to the ED’s custody for eight days.
While granting custody, Principal Sessions Judge S Alli laid several conditions on the ED, including the condition that Deputy Director Karthik Dasari — the investigating officer in the case — should not remove the accused from Kauvery Hospital, where he has been admitted for treatment.
The court also directed Dasari to interrogate Balaji in the hospital, taking into consideration his ailments and the treatment given to him, after obtaining the opinion of the team of doctors treating him about his fitness for interrogation.
The court also noted that the ED should interrogate Balaji without any hindrance to his health conditions or his treatment.
It also directed the ED to provide sufficient food and shelter to him and refrain from using third-degree methods to interrogate the minister.
“No threat or coercion will be made on the respondent/accused (Balaji),” the court stated firmly.
Dasari was also directed to produce Balaji in court by 3 pm on 23 June via video conference.
On Friday, when the court officials went to serve the order of ED custody to Balaji, he was reportedly drowsy due to medication and so they returned without serving it, as per the advice of the treating doctors.
On Saturday morning, the order was served and the officials obtained his signature.
Three days have passed since then, and the ED is yet to begin its interrogation even after gaining custody of Balaji.
According to ED sources, the hospital authorities told the officials that Balaji was undergoing treatment in order to prepare him for bypass surgery — scheduled for 23 June — for triple-vessel disease, an extreme form of coronary artery disease, which itself is diagnosed when major blood vessels supplying the heart undergo damage or are afflicted by some disease.
The doctors have reportedly told the ED officials that Balaji suffered from acute coronary syndrome (a heart attack due to heart artery blockage) on the day of the arrest, and though his current health condition is stable, they cautioned that any provocation could elevate his heart rate and lead to complications.
Meanwhile, the ED officials sought legal opinion from their department and it was stated that after bypass surgery on Wednesday, there would be no possibility to interrogate Balaji for the next three days — post-surgical recovery under sedation for the first 24 hours and under observation for at least 72 hours.
“If the interrogation is completed now, Balaji will move for bail, and he can defend himself during the course of the trial stating that the statements given by him during the interrogation at the hospital were not given at a fully conscious state,” an ED official told South First.
The official added, “Hence, there is hesitation in starting the interrogation. Further, after his treatment, Balaji can be taken into full-fledged custody by submitting to the court that he could not be interrogated due to his treatment. Also, we can object to his bail plea for the reason that the interrogation was not completed.”
To recall, Balaji must be produced before the court on 23 June and, as it stands, an accused can be taken into custody by an agency for interrogation for a maximum period of only 15 days.
Meanwhile, Balaji’s brother Ashok Kumar has not appeared for the summons issued by the ED.
The ED officials have already sealed his properties, including his office at Karur.
As Ashok was also named as an accused in the “cash for jobs” scam, the ED officials are keen on interrogating him.
According to ED officials, three summons were issued to him to appear for an inquiry. The I-T Department also issued a summons to Ashok for his appearance.
“As of now, there is no information or reply from Ashok regarding the summons. He is absconding,” the ED officials said.
Meanwhile, the ED approached the apex court on Monday challenging the order of the Madras High Court in a habeas corpus petition filed by Balaji’s wife S Megala.
The ED contended that the petition should not have been taken up for hearing when the ED had already arrested Balaji.
Earlier, the Madras High Court allowed Balaji to be shifted to a private hospital, at his own cost, for heart surgery.
It also restricted his interrogation in the hospital. The case would be taken up for hearing on 21 June.
Meanwhile, AIADMK general secretary Edappadi K Palaniswami, speaking to reporters in Salem on Sunday, asked why Senthil Balaji was being allowed to continue in the Cabinet even after a prison ID number was allotted to him.
He pointed to previous instances where DMK ministers Aladi Aruna and NKKP Raja, and the AIADMK’s SS Krishnamoorthy were all dropped from the Cabinet after allegations were levelled against them.
Palaniswami said, “It is not fair for Stalin to retain Balaji in his Cabinet, and a chief minister meeting an accused is not fair and people will not accept this.”
