HC delivers split verdict in Senthil Balaji case, matter to be referred to third judge

The Madras high court on Tuesday delivered a split verdict in the case relating to the alleged illegal custody of Tamil Nadu Minister V Senthil Balaji, who was arrested by the Enforcement Directorate last month under the Prevention of Money Laundering Act (PMLA).

A division bench comprising Justices J Nisha Banu and D Bharatha Chakravarthy gave the split verdict and directed the Registry to place the matter before the Chief Justice for referring it to a third judge.

While Justice Nisha Banu allowed the Habeas Corpus Petition, (HCP) filed by Megala, the wife of Balaji, Justice Bharatha Chakravarthy dismissed it.

Holding that the HCP was maintainable, Justice Nisha Banu directed the police to set Balaji at liberty forthwith.

Disagreeing with the judgment of Justice Nisha Banu, Justice Bharatha Chakravarthy in his order framed four questions and answered the same.

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The judge said the HCP was not maintainable. The petitioner has not made out any case to hold that the remand was not valid. Senthil Balaji can continue to take treatment in a private hospital (Kavery Hospital) till he was discharged or 10 days from today, whichever was earlier.

Thereafter he can take treatment in a Prison/government hospital, the judge added.

Reacting to the development, DMK Rajya Sabha MP and senior advocate NR Elango said, "...As of now, the status quo continues because of the split verdict. One of the judges accepted our plea that ED has no power to seek police custody...It has been held by one of the judges that it is a case of illegal arrest.."

Balaji was arrested on June 14 by the ED in connection with a cash-for jobs-scam when he was the Transport Minister in the earlier AIADMK regime.

He was later hospitalised upon complaining of chest pain and has undergone a bypass surgery in the private hospital.

With inputs from agencies

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