Madras HC delivers split verdict in Habeas Corpus plea filed by TN Minister Senthil Balaji’s wife against his arrest by ED

madras high court

Madras High Court: The division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict in the habeas corpus plea filed by wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED’) for money laundering in cash for job scam case. Further, placed the matter before the Chief Justice for further orders.

On the maintainability of the Habeas Corpus petition, J Nisha Banu, J. said that the ED is not entrusted with the powers to seek police custody under the Prevention of Money Laundering Act. The Court also dismissed the application, wherein the ED was seeking to exclude the period of treatment undergone by Senthil Balaji, while calculating the period for custody.

Per Contra, Bharatha Chakravarthy, J. held that the habeas corpus petition is not maintainable, as the petitioner was not able to show that the remand was illegal. As per him, it was in the interest of Senthil Balaji that he has not been in ED’s custody for even a day, as he has been undergoing treatment from the day of the arrest. Thus, Bharatha Chakravarthy, J. has excluded the period of treatment undergone by Balaji while calculating the period for custody.

Also read:

[Cash for job scam] Wife of Tamil Nadu Minister Senthil Balaji filed Habeas Corpus petition before Madras High Court


Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam


Sufficient material for framing charges against Senthil Balaji in cash-for-job scam; Madras High Court upholds trial court’s order Whether Enforcement Case Information Report can proceed while proceedings pursuant to FIR stayed by Court? Madras High Court refrains ED to proceed against Senthil Balaji


Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition

Source: Press

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