Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy’s opinion
This report provides Justice D. Bharatha Chakravarthy opinion in the Habeas Corpus plea.
This report provides Justice D. Bharatha Chakravarthy opinion in the Habeas Corpus plea.
The division bench of Madras High Court delivered a split verdict and referred the matter to the Chief Justice to place it before another judge.
The habeas Corpus petition was filed in relation to the cash-for-jobs scam case, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.
Following the arrest, Senthil Balaji complained of chest pain and was taken to Government hospital for a medical checkup.
While Xiaomi’s petition was held to be maintainable on the fulcrum of Article 14, however, the impugned provision as per the High Court did not manifest any arbitrariness.
Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.
Allahabad High Court said that there was no requirement to take the accused into custody when he appeared before the Trial Court and cooperated in the investigation throughout, and the Investi gating Agency has never thought to arrest him under Section 19 of the PMLA
The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
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