ED seeks 15 days custody of Senthil Balaji, Sessions Court to decide on Thursday
CHENNAI: While the arguments on the bail application filed by Senthil Balaji, Tamil Nadu Minister for Electricity, Excise and Prohibition were progressing in the principal sessions court, the Enforcement Directorate (ED) moved a petition seeking 15 days of custody of the minister for interrogation over the money laundering case.
However, principal sessions judge S Alli adjourned the hearing on the custody petition to June 15, 2023, directing the minister's counsel to file a reply.
She reserved the orders on the bail application and the plea for granting interim bail and shifting Senthil Balaji to a private hospital for performing heart surgery.
Appearing for the Minister, senior counsel, and DMK's Rajya Sabha Member NR Elango blamed the ED for subjecting him to 'tremendous harassment' for a period of 22 hours from the time he was kept confined at 7 am on Tuesday to 2 am on Wednesday when the formal arrest was effected.
He said the investigating agency had failed to follow the procedures of arrest as it did not furnish the grounds of charges, the arrest memo was not served and the family members were not duly informed.
"Any deviation of the provisions of section 41 A to 60 A of CrPC will vitiate the arrest. And so, the arrest is illegal and it cannot be given a clean certificate by the court," Elango said, seeking to reject the remand order.
Saying that medical examinations held by the doctors of Omandurar super-speciality Hospital and the ESI hospital have revealed three blocks in the heart and needed surgery, he prayed for the court to order shifting the minister to Kauvery Hospital for surgery.
"He was subjected to tremendous harassment for 22 hours. His life is in danger," he said.
Attributing the political motive behind the swooping down of the ED ahead of the 2024 general elections to the Lok Sabha, Elango said the Central agency did not want to interrogate him in 2021 when the ECIR was registered.
He also opposed setting up an independent team of doctors to examine Senthil Balaji as proposed by Additional Solicitor General (ASG) ARL Sundaresan.
The latter appearing for the ED, assisted by special public prosecutor N Ramesh, denied the charges of non-compliance with the procedures for the arrest.
Grounds were informed to him but he refused to receive the summons and arrest memo; his wife did not attend phone calls but they are saying the arrest was not intimated, the ASG said.
He contended that the provisions of the Criminal Procedure Code (CrPC) will not be applicable to the case on hand wherein the special act (PMLA) has come into play, and the bail cannot be granted without giving the opportunity to the public prosecutor to oppose it.
He also said there is no provision for an interim bail in the relevant act for the case booked under PMLA.
Earlier, Alli visited Omandurar Hospital and ordered the remand of Senthil Balaji till June 28.
High Court judge recuses
Earlier in the day, Elango sought the division bench of Justices M Sundar and R Sakthivel of Madras High Court, to take up a habeas corpus petition (HCP) moved by Senthil Balaji's wife Mekala. The bench said it would take it up post-lunch session if the numbering formalities are completed.
However, when the matter came up after lunch, Justice Sakthivel had recused from the bench. Subsequently, Elango approached the Chief Justice for assigning a judge to be part of the bench to hear the matter.
It was not pressed later since the remand order was passed by the principal sessions judge.