The Supreme Court of India has once again adjourned the hearing on a set of appeals filed by the Enforcement Directorate against orders of the Madras High Court in a habeas corpus petition concerning the arrest of Tamil Nadu minister V Senthil Balaji in connection with a cash-for-jobs scam in the state. This comes in the wake of a split verdict delivered by a two-judge bench of the high court, raising questions about the legality of the legislator's detention.

The division bench of the Supreme Court, comprising Justices Surya Kant and Dipankar Datta, refused to immediately decide the questions of law presented in the case. Instead, they opted to await the outcome of the ongoing litigation before the high court, as they had done previously. However, the apex court requested the Chief Justice of the Madras High Court to refer the habeas corpus petition, filed by Senthil Balaji's wife, Megala, to a larger bench for an expeditious decision.

During the proceedings, Solicitor-General of India Tushar Mehta argued for the court to hear the appeals and make a definitive ruling on the matter. He emphasized that important legal questions needed resolution, including whether a habeas corpus petition could be filed after a judicial order of remand and whether the period an accused spends in the hospital on medical grounds could be excluded from the prescribed custody period of 15 days. Mehta expressed concern that any delay could lead to tampering of evidence, particularly when influential individuals like the accused are involved.

However, Senior Advocate Kapil Sibal, representing the arrested MLA, protested the attempt to bypass the high court, reminding the court of the split verdict and the need for the matter to be referred to a third judge, as per the court's earlier stance.

Taking into account the arguments from both sides, the bench decided to request the Chief Justice of the Madras High Court to place the matter before a larger bench at the earliest. They further urged the assigned bench to decide the case as soon as possible, clarifying that Senthil Balaji would remain in custody during this period.

The Supreme Court has scheduled the next hearing on Monday, July 24, to monitor the progress in this matter.

Case Title: The State Rep by Deputy Director v. Megala & Anr. |
Special Leave Petition (Criminal) No. 7437 of 2023 and another connected matter