The Madras High Court has delivered a ruling against the release of Dravida Munnetra Kazhagam (DMK) minister, V Senthil Balaji, who was arrested last month by the Enforcement Directorate (ED) in a high-profile money laundering case. The court's decision came in response to a habeas corpus petition filed by Balaji's wife seeking his release.
Justice CV Karthikeyan, after considering the arguments presented, upheld the ED's right to seek custody of Balaji, concurring with the opinion previously rendered by Justice Bharatha Chakravarthy on the matter. The judge emphasized that if custody is deemed necessary for the investigation, it should be granted as a matter of right. Justice Karthikeyan also referred to a recent Supreme Court judgment in Y Balaji v. Karthik Desai, highlighting the compromising of justice and fundamental principles of criminal jurisprudence in cases of compromise between the accused and the complainant.
The court took note of complaints regarding the impact of Balaji's arrest and detention on his well-being. Balaji was accused of non-cooperation with the ED, including throwing tantrums, threatening officials, and refusing to sign the memo of grounds of arrest. The judge concluded that if the reasons for granting a remand outweigh the objections to it, remand should be granted.
The arrest of the DMK minister was related to a cash-for-jobs scam involving alleged irregularities in the appointment of bus conductors, drivers, and junior engineers during Balaji's tenure as Transport Minister between 2011 and 2015 in the AIADMK government. Balaji had been under judicial custody, but due to health reasons, he was transferred to a private hospital where he underwent bypass surgery.
Previously, a division bench of the High Court had issued a split verdict on the maintainability of the habeas corpus plea after an order of remand. While one judge ruled the arrest illegal, another judge held that there had been no illegality or misuse of law, making the habeas corpus petition not maintainable. Following this split verdict, the matter was brought before Justice Karthikeyan, who rendered the final order.
Senior Advocate Kapil Sibal represented Balaji's wife, while Solicitor General Tushar Mehta and Senior Advocate AR L Sundaresan appeared on behalf of the ED.
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