High-Stakes Showdown: Madras HC delivers split verdict in V Senthil Balaji's habeas corpus plea for release in ED case

High-Stakes Showdown: Madras HC delivers split verdict in V Senthil Balaji's habeas corpus plea for release in ED case

A division bench of the Madras High Court delivered a split verdict regarding the release of Tamil Nadu Minister, V Senthil Balaji, who was arrested by the Enforcement Directorate (ED) in connection with a money laundering case. Justices Nisha Banu and D Bharatha Chakravarthy delivered the split verdict today, leading to the case being referred to a larger bench for further consideration.

Justice Nisha Banu, in her opinion, concluded that the habeas corpus plea filed for Balaji's release is maintainable and should be allowed. She expressed that the ED does not have the authority to obtain police custody. However, Justice Bharatha Chakravarthy held a different view, stating that he could not agree with Justice Banu's opinion. He questioned the maintainability of a habeas corpus plea after a remand order and found no grounds to deem Balaji's remand as illegal. Consequently, he dismissed the plea, suggesting that the ED can seek custody again in ten days if Balaji's health condition improves.

Justice Chakravarthy also recommended that the time Balaji spent in the hospital receiving treatment for chest pains should be excluded from the period of ED custody. He proposed that any further medical treatment needed by Balaji can be administered at the prison hospital. However, due to the split verdict, the Chief Justice will convene a larger bench to make the final decision in the matter.

The habeas corpus plea was filed by S Megala, the wife of Tamil Nadu Minister V Senthil Balaji, on June 14, challenging her husband's arrest in the money laundering case initiated by the ED. Senior Counsel NR Elango argued that Balaji's arrest was sudden and unlawful, as no prior notice was given. The minister's arrest took place last month following extensive questioning by the ED. The charges against Balaji stem from his tenure as the transport minister in the AIADMK government from 2011 to 2015.

This development comes after the Supreme Court, in a ruling on May 16, granted permission to the ED to continue its investigation against Balaji. The Supreme Court's decision also overturned a previous Madras High Court order that had directed the State police to conduct a new investigation into the cash-for-jobs scam case. The matter now awaits the decision of the larger bench, which will have a crucial role in determining Balaji's release in light of the split verdict.

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