The apex court said the high court order was a “very guarded” one, and it had yet to render a final opinion on the issues flagged by the ED.
The Enforcement Directorate arrested V Senthil Balaji on 14 June.
In an apparent setback to the Enforcement Directorate (ED), the Supreme Court on Wednesday, 21 June, refused to interfere with the Madras High Court order entertaining a habeas corpus petition against the arrest of Tamil Nadu minister V Senthil Balaji in a “cash for jobs” scam.
The high court had also allowed him to undergo treatment and bypass surgery at a private hospital.
Balaji, formerly the minister for electricity, prohibition, and excise, was arrested by the ED on 14 June in a scam that took place when he was the transport minister in the AIADMK government of 2011-2015.
Refusing to pass any order on the ED’s petition, a vacation bench of Justices Surya Kant and MM Sundresh said that the high court order was a “very guarded” one and that it was yet to render a final opinion on the issues being flagged by the ED.
The ED had questioned the high court entertaining the habeas corpus plea by Balaji’s wife Megala, besides seeking to protect the investigating agency’s right to subject him to 15 days of custodial interrogation by excluding the period of his treatment.
Requesting the high court to proceed with the matter, the bench further said that the observations by the high court and the Supreme Court would have no bearing on hearing the matter.
The bench also clarified that the pendency of the plea should not prohibit the high court from continuing the hearing.
Keeping the ED’s plea pending, the court said that it would hear it on 4 July.
Finding faults with the high court order, Solicitor General Tushar Mehta laboured to persuade the vacation bench to say something on the high court entertaining the habeas corpus petition even though ED had already arrested Senthil Balaji.
Mehta cited the top court judgment to buttress his point, and to protect ED’s right to subject the accused to 15 days of custodial interrogation by excluding the period of treatment.
Clarifying that it would not interfere with the high court hearing of the matter listed for Thursday, the vacation bench told the Solicitor General that it could not pass orders on his “apprehensions”.
“Today we will not say anything. It will amount to this … We don’t trust our institutions (high court),” the court said.
“Whatever we have to say we will say at an appropriate stage as in any case the matter will travel to the top court as the party aggrieved by the high court order will appeal against it,” the bench said.
As Mehta insisted on the passing of some order and said that after a point the ED would be rendered remediless, Justice Kant said: “No court can render you remediless.”
The high court had permitted Balaji to be shifted to a private hospital for heart surgery and restricted his interrogation in the hospital.
Senthil Balaji was operated on for blockages in three coronary arteries at a private hospital in Chennai.
Meanwhile, Balaji was shifted to the cardiothoracic intensive care unit of the Kauvery Hospital in Chennai after he underwent a three-hour-long beating heart coronary artery bypass surgery on Wednesday, 21 June.
Senior consultant cardiothoracic surgeon Dr AR Raghuram and his team performed a beating-heart coronary artery bypass surgery on the ailing minister.
According to sources in the hospital, the heart-lung machine was not used in the surgery and the team took a blood vessel from the leg area, connecting it below the blocked heart artery.
“Balaji will be in the ICU for the next two-three days based on his recovery, under the direct monitoring of a team of cardiovascular surgeons and nurses. His heart rhythm and breathing are being monitored closely. It will take 6-12 weeks to recover,” the source told South First.
The hospital also issued a bulletin on the health condition of Balaji, stating that four bypass grafts were placed and coronary revascularisation was established.
“He is currently haemodynamically stable and being monitored in the postoperative cardiothoracic intensive care unit by a multidisciplinary team of doctors and nurses,” the bulletin said.
Meanwhile, the ED on Tuesday approached a Principal Session Court, which ordered eight days of custody of Balaji, stating that it could not interrogate the minister since he was under treatment at a private hospital.
The ED sought the court’s permission to surrender the custody given and consider it as zero days custody.
Refusing to entertain the plea, Principal Session Judge S Valli said that since the matter was in the adjudication of the Madras High Court, the ED should mention this before that court.
Meanwhile, the State Human Rights Commission (SHRC) of Tamil Nadu on Tuesday sought a report from the ED’s Chennai Zone on an allegation of human rights violation during the arrest of Balaji.
The commission directed the joint director of the ED to respond within six weeks, failing which it may proceed to take action as it deemed fit and proper.
The SHRC sought the report based on the complaint by S Megala, wife of Senthil Balaji, alleging violation of human rights by the officials of the ED during his arrest.
Meanwhile, the AIADMK — the prime Opposition in Tamil Nadu — staged a statewide demonstration on Tuesday against the DMK government, demanding that it dismiss Balaji from the Cabinet.
Chief Minister MK Stalin has retained Balaji in the Cabinet as a minister without portfolio.
The party also condemned the alleged deterioration of the law-and-order situation in the state.
In Chennai, former minister D Jayakumar led the protest stating that Stalin was making a mistake by retaining Balaji in the Cabinet.
He also alleged that the prices of essential commodities had increased quite a bit over the past few years under the DMK regime.
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