Following the recent arrest of Tamil Nadu Minister V Senthil Balaji by the Enforcement Directorate (ED), the Madras High Court has continued to hear the case, with Senior Counsel NR Elango arguing on behalf of Balaji. Elango asserted that the arrest made by the ED was illegal and violated the minister's fundamental rights. He highlighted that the ED had failed to follow the procedures mandated under Section 41 of the Code of Criminal Procedure (CrPC) by not issuing any prior notice to Balaji before his arrest.
The matter was being heard in response to a Habeas Corpus petition filed by Balaji's wife, S Megala. Elango further criticized the Sessions Court's decision to grant ED's request for Balaji's custodial interrogation, despite the High Court's previous clarification that the minister was to remain in judicial custody.
On behalf of the ED, Solicitor General Tushar Mehta argued against the maintainability of the Habeas Corpus plea, emphasizing that it had been filed after the remand order was issued. In response, Elango cited the Supreme Court's judgement in Gautam Navlakha's case, asserting that the High Court possessed the discretion to admit a Habeas Corpus petition even at the present stage.
Elango further contended that the ED had acted in a malafide manner, as Balaji had been fully cooperative with the probe agency before his arrest. He highlighted the lack of information provided by the ED regarding the events that transpired during the minister's custody from June 13 to June 14.
The Madras High Court has scheduled the next hearing to continue the arguments on June 27.
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