CHENNAI: Justice CV Karthikeyan of the Madras High Court on Friday upheld the arrest of Tamil Nadu minister V Senthil Balaji, currently under post-operative care at a private hospital in Chennai, under the prevention of money laundering act (PMLA) for allegedly receiving and possessing the proceeds of crime received through the job-for-cash scam.
He also ruled that the ED does have the right to take custody of the minister for custodial interrogation to unearth where the money has gone and how it was pumped into the economy as legal money.
He is the third judge assigned to hear the habeas corpus petition (HCP) filed by Senthil Balaji’s wife Megala who prayed for declaring the arrest illegal and setting him at liberty, following a split verdict by a two-judge division bench on the matter.
While the presiding judge Justice J Nisha Banu held the arrest illegal and ordered the immediate release of the minister, ruling the ED lacked the power to take custody for interrogation, the co-judge Justice D Bharatha Chakravarthy ruled there was no illegality in the arrest and the ED has the right to take him under custody for interrogation. He also dismissed the HCP.
Justice Karthikeyan, who gave a patient hearing to the arguments advanced by senior counsels Kapil Sibal and NR Elango for the petitioner and Solicitor General Tushar Mehta for the ED, concurred with the rulings of Justice Bharatha Chakravarthy on the key points of contention.
“Once the arrest is legal, remand is legal, the HCP never lies. Though maintainable, it cannot be entertainable,” Justice Karthikeyan said in his order, while disapproving of the contention that Senthil Balaji was not served with the arrest intimation and grounds of arrest.
He cannot ‘proclaim ignorance’ and seek indulgence of this court when the ED officials were at his house since June 13 morning. He knows the reasons for his arrest, the judge said.
“The detenue has to abide by the law; Every accused person has a right to prove innocence during trial but no accused has a right to frustrate an inquiry or investigation,” he said.
The judge also noted that neither the competency of ED to register the ECIR nor the legality of the ECIR was challenged by the petitioner.
Regarding the right of ED to take custody of the minister, against which the petitioner’s counsels made a strong pitch, the judge said, “The concept of custody cannot be extended even if further materials are collected. But the fact is that the respondents (ED) can take custody for further investigation and it cannot be denied. I would align with Justice Bharatha Chakravarthy on this point.”
He also allowed exclusion of hospitalisation period to decide on granting custody for interrogation.
It may be noted that Senthil Balaji, who was the minister for Electricity, Prohibition and Excise, was arrested by the ED in the wee hours of June 14 after a marathon search at his official residence. He was admitted to the Govt Multi-specialty Hospital at Omadurar Estate after complaining of chest pain.
Two teams of doctors, including the one from ESIC, recommended surgery for a heart block.
He was shifted to the Kauvery Hospital following the permission granted by the High Court and subsequently the surgery was performed.
In the meantime, he was divested of his portfolios and was declared a minister without portfolio.
Later, the Governor sent a communication to the Chief Minister dismissing Senthil Balaji from the Cabinet but withdrew it.