CHENNAI: A division bench of Madras High Court on Tuesday closed the habeas corpus petition (HCP) filed by jailed Minister V Senthil Balaji’s wife Megala alleging his arrest was illegal and challenging the authority of the Enforcement Directorate (ED) to take an accused person under its custody for interrogation.
The bench consisting of Justices Nisha Banu and D Bharatha Chakravarthy recently delivered a split verdict as the presiding judge ruling against the arrest and ordering Senthil Balaji’s immediate release. But Justice Chakravarthy held the arrest legal and affirmed the ED’s powers to take an accused into custody for interrogation. He also favoured the Central agency’s plea for excluding the hospitalisation period from the days of judicial custody.
As the order of the bench ended in a tie, the matter was referred to the third judge, Justice CV Karthikeyan, who concurred with the ruling of Justice Chakravarthy and left it to the bench to decide on counting the day of custody.
When the matter came up before the division bench, Justice Banu said, “There was a split verdict between myself and Justice Chakravarthy. I stand by my judgment dated July 4, 2023. I do not have anything to say in this matter.”
Solicitor General (SG) Tushar Mehta said the matter was sent to the bench to decide on the date on which the judicial custody begins.
Justice Nisha Banu again said she stood firmly on her judgment and so she cannot say anything on the matter now.
Senior counsel NR Elango, appearing for Senthil Balaji’s wife Megala, said both parties have approached the Supreme Court which would hear the matters on Wednesday and let the apex court decide on the matter.
“Let it come there. You can place all the arguments before the Supreme Court and let them take a call on this,” Justice Banu stated.
Justice Chakravarthy concurred with her in closing the matter instead of keeping it pending since ‘already SLPs are filed and are taken for hearing and nothing more needed to be stated’.
The SG said since the matter is pending before the Supreme Court, nothing could be done, which results in ‘overreaching’ the process of the apex court.
Charged with laundering the proceeds of crime acquired through the cash-for-jobs scam, Senthil Balaji was arrested by the ED on the wee hours of June 14 and was, later, admitted to the Govt Multi-Specialty Hospital at Omandurar Estate due to chest pain.
He was subjected to tests that revealed blocks in the heart and subsequently, recommended for surgery. While in hospital, he was ordered to be remanded in judicial custody by the principal sessions court.
In the meantime, the HCP was filed in the High Court which ordered him to be shifted to a private hospital for surgery but in judicial custody.
The bench also delivered a split verdict leading to referring the matter to the third judge. The ED and Senthil Balaji's side approached the Supreme Court on the matter.
Senthil Balaji is currently under judicial custody in the Central Prison, Puzhal, near Chennai.