Madras High Court upheld that ED has the right to take Senthil Balaji into custody. Justice CV Karthikeyan of the Madras High Court who was referred after the split verdict went with the verdict of Justice Bharatha Chakravarthy. Justice Bharatha Chakravarthy said that ED can take the Minister under custody.
On Friday, Justice Karthikeyan said that ED had the right to take Senthil Balaji into custody, as per Live Law.
The bench said that it cannot be denied that respondents can take custody for further investigation. The respondent in the case, Enforcement Directorate, has the right to take custody.
Earlier, Justice Bharatha Chakravarthy said, Senthil Balaji must be jailed after his discharge from the hospital. 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."
During the hearing on July 4, Justice Nisha Banu who gave a split verdict held that the Habeas Corpus Petition was maintainable
and directed the police to set Balaji at liberty forthwith.
The HC was hearing the habeas corpus petition filed by Minister Senthil Balaji's wife Megala. In the petition, Minister's wife claimed that Senthil Balaji's arrest by the Enforcement Directorate was illegal.
The Enforcement Directorate arrested Minister Senthil Balaji in connection with a cash-for-job scam on July 14. Amid the questioning by ED, Senthil Balaji reportedly complained of chest pain and he was taken to Omandurar Government Hospital. After doctors found that he needed immediate medical intervention and bypass surgery, he was shifted to Kavery Hospital where he underwent a bypass surgery.
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