Meanwhile, the ED has summoned Balaji's brother V Ashok Kumar for interrogation. However, according to sources, Ashok has been absconding.
Published Jun 16, 2023 | 11:37 PM ⚊ Updated Jun 17, 2023 | 6:37 AM
Governor RN Ravi has not agreed V.Senthilbalaji continuing any longer as a Member of the Council of Ministers. (Creative Commons)
Dismissing the bail application of Tamil Nadu minister Senthil Balaji, the Principal Sessions Court in Chennai on Friday, 16 June, handed him over to the Enforcement Directorate (ED) for eight days.
Sessions Judge Valli, who has jurisdiction over the ED’s cases, directed the agency to produce him back in court on 23 June. The ED had sought custody of Balaji for 15 days.
During the arguments, the advocates who appeared on behalf of Balaji objected strongly to his custodial interrogation, stating that the doctors had decided to perform bypass surgery on Balaji. Under these circumstances, it would affect his health further if the ED was granted its custody.
Pointing out the Madras High Court’s order in a habeas corpus petition filed by Balaji’s wife, which stated that “Balaji shall remain under judicial custody” while ordering to shift him to a private hospital, the advocates argued that it was apparent that the high court had directed that Balaji remain in judicial custody.
Objecting to this, the ED submitted that the investigation conducted thus far had revealed that the minister had been actively involved in money laundering and was non-cooperative during the preliminary inquiry.
To move forward in this case, his custodial interrogation was necessary, the ED argued.
Recording the arguments, the judge allowed the plea of the ED and directed that only the interrogating officer quiz Balaji.
Meanwhile, the advocates appearing on behalf of Balaji pleaded with the court for a direction not to take Balaji out of the hospital, citing his ailments and ongoing treatment.
Allowing it, the judge directed the ED to interrogate Balaji at the hospital and also made it clear that there should be no impediment to the treatment being given to him.
Earlier, the judge had a teleconference inquiry with Balaji before passing orders.
Bulletin explaining on the health condition of Senthil Balaji
According to sources, the ED had sought a wire order of the custody granted to them.
It also called for the Central Reserve Police Force (CRPF) protection at the hospital where Balaji is admitted.
The ED officials are also expected to have their doctors’ team monitor Balaji’s health. They will reportedly coordinate with the Kauvery Hospital, where he is admitted at present.
Later in the evening, a team of ED officials went to Kauvery Hospital to undertake the documentary arrangements to take Balaji into custody.
Earlier in the day, the Kauvery Hospital issued a bulletin on the minister’s health, stating that he was assessed by a team of expert doctors.
“He is undergoing further tests to assess fitness for anaesthesia, and based on the assessment the surgery will be planned,” the bulletin explained.
Balaji is currently being treated in ICU with cardiac monitoring, and looked after by a multidisciplinary team of doctors and nurses, it added.
Tamil Nadu Governor RN Ravi, who rejected the chief minister’s recommendation to reallocate the portfolios of Senthil Balaji to Finance Minister Thangam Thennarasu and Housing Minister S Muthusamy on Thursday, on Friday accepted the recommendation.
According to a release from the Raj Bhavan, the Governor approved the recommendation of change of the subjects held by Balalji to the other two ministers.
Another case of tyranny of the unelected. Tamil Nadu Governor has unilaterally remarked that an MLA can't continue as a minister – something which is unheard of.
Constitutionally, council of ministers is CM’s sole prerogative, not Governor’s. 1/4 pic.twitter.com/9XaJSUGlSd
— Raghav Chadha (@raghav_chadha) June 16, 2023
The Governor allowed the allocation of the Electricity portfolio to Thangam Thennrasu and Excise and Prohibition to Muthusamy.
“However, the Hon’ble Governor has not agreed [to] V Senthil Balaji continuing any longer as a Member of the Council of Ministers, as he is facing criminal proceedings for moral turpitude and is currently in Judicial custody,” said the release, undersigned by the principal secretary to the Governor.
A highly placed source — an IAS officer in the Secretariat — told South First that Chief Minister MK Stalin was not ready to remove Senthil Balaji from the Cabinet.
“He decided to retain Balaji in his Cabinet as a minister, whatsoever. The chief minister also decided to pass a GO (Government Order) invoking his powers under ‘Explanation I to Rule 5 of the Rules’ under Article 166(2) of the Constitution for the convenient administration of the government,” said the IAS officer.
“Knowing that, if such a GO is passed, it would be embarrassing for the office of the Governor. The Raj Bhavan has cleared the recommendation of the chief minister,” added the officer.
He also stated that a GO notification, after the approval of the Cabinet, keeping Balaji in the ministry, would be passed if needed.
The GO eventually came late at night on Friday.
Meanwhile, the ED has summoned Balaji’s brother V Ashok Kumar for interrogation.
On 13 June, Tuesday, the ED raided Ashok’s properties in Karur and Chennai. The office of Ashok was sealed by the ED sleuths.
According to sources, Ashok has been absconding. Sources in ED told South First that Ashok was dodging and evading summons right from the beginning of the case.
“Like Balaji, several incriminating documents are available with ED to prove the role of Ashok in the case of getting money from the aspirants for the jobs in the Transport Department,” the officer said.
Balaji was arrested by the ED on 14 June in the “job for cash” scam while he was a transport minister in the AIADMK regime between 2011 and 2016.
After he complained of chest pain following the arrest, he was admitted to the Government Multi Super Specialty Hospital (GMSSH) at Omandurar Estate in Chennai.
