Senthil Balaji's Arrest By ED: Madras HC Gives Split Verdict In Habeas Corpus Petition, Refers Case To Larger Bench

Justice Nisha Banu said that Senthil Balaji's arrest was unconstitutional.

Justice Bharatha Chakravarthy disagreed with the judgment of Justice Nisha Banu. 

In the habeas corpus petition filed by Tamil Nadu Minister Senthil Balaji's wife Megala, Madras High Court gave a split verdict on Tuesday. The split verdict was pronounced by Justices Nisha Banu and Bharatha Chakravarthy. The bench referred the case to a larger bench. 

Justice Nisha Banu said that Senthil Balaji's arrest was unconstitutional. On the other hand, Justice Bharatha Chakravarthy said, Senthil Balaji must be jailed after his discharge from the hospital. 

Earlier, in the petition, Minister's wife claimed that his arrest by the Enforcement Directorate was illegal.

Madras High Court delivers split verdict on the Habeas Corpus plea filed by Tamil Nadu minister Senthil Balaji's wife. Plea will now be referred to a larger bench. pic.twitter.com/vdA40drzUs

— ANI (@ANI) July 4, 2023

 

Justice Nisha Banu said, "Holding that the Habeas Corpus Petition was maintainable, directed the police to set Balaji at liberty forthwith."

Justice Bharatha Chakravarthy disagreed with the judgment of Justice Nisha Banu. 

Justice Bharatha Chakravarthy said, "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."

On July 14, ED arrested Senthil Balaji in connection with a cash-for jobs-scam when he was the Transport Minister in the earlier AIADMK regime. During questioning, he complained of chest pain and was hospitalised. Later, he underwent a bypass surgery in the private hospital.

The arrest of Senthil Balaji has also intensified the tussle between Tamil Nadu government and Governor RN Ravi. While Tamil Nadu CM Stalin demands continuance of Senthil Balaji as Minister without portfolio, Governor Ravi dismissed Senthil Balaji from the cabinet. Ravi later put the order on hold.