Chennai: The hearing of the habeas corpus petition (HCP) filed by Tamil Nadu minister V Senthil Balaji’s wife Megala was held in the Madras high court on Tuesday.
The wife of the arrested minister V Senthil Balaji submitted an affidavit in the high court seeking Balaji’s arrest by the Enforcement Directorate (ED) in a cash-for-jobs scam, to be declared as illegal.
Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, said that the court cannot interfere in the matter as a trial court has previously held that the minister’s custody is not illegal, senior advocates said, seeking anonymity.
The bench comprising justices J Nisha Banu and D Bharatha Chakravarthy began the second hearing in the case from Tuesday morning until about 6.30pm, beyond court hours, and reserved their order.
Mehta concluded his arguments by submitting that the ED is seeking exclusion of the period of Balaji’s hospitalisation while considering the period for custodial interrogation. “The submission is to exclude his period of hospitalisation. Once he becomes fit, comes the next question of custody for interrogation,” said one of the advocates in the case, who did not wish to be named.
“They have not challenged the remand order in the HCP. Because it is in their favour…but when the judicial mind is applied and the court finds that the custody is not illegal, you cannot say that custody is illegal without challenging,” Mehta said according to LiveLaw.
{{/usCountry}}“They have not challenged the remand order in the HCP. Because it is in their favour…but when the judicial mind is applied and the court finds that the custody is not illegal, you cannot say that custody is illegal without challenging,” Mehta said according to LiveLaw.
{{/usCountry}}Senior counsel Mukul Rohatgi, appearing for Balaji, opposed this plea arguing that there are several judgments which observe that the 15-day custody cannot be extended at any event.
This is in line with senior counsel and Dravida Munnetra Kazhagam (DMK) MP N R Elango, also representing Balaji, who said during the previous hearing on June 22, that the HCP is indeed maintainable and as per law there cannot be custodial interrogation after 15 days of arrest. “There is no legal provision for exclusion. Once the 15 day period is over, it’s gone,” Rohatgi said according to LiveLaw. “Investigation is not thwarted. Only custody is thwarted. There is no law that says you cannot investigate without custody. Judicial custody is the norm, police custody is the exception.”
Balaji was arrested by the ED, on June 14, under Prevention of Money Laundering Act (PMLA) in a case which dates back to 2014 when he was transport minister under the previous All India Anna Dravida Munnetra Kazhagam (AIADMK) regime. He joined the DMK in 2018.
His wife, S Megala filed a HCP to declare his arrest illegal. Since his arrest Balaji has been hospitalised for treating three blocks in his heart and underwent a Beating Heart Coronary Artery Bypass Surgery on June 21.
A principal sessions court in Chennai had granted ED eight days’ custody of the minister starting June 16, but they were allowed to interrogate him only within hospital premises, prompting the federal agency to move the Supreme Court. However, the top court did not stay a Madras high court order allowing Balaji to by shifted to a private hospital, and directed the ED to approach the high court. The principal sessions court in Chennai had also remanded him to judicial custody until June 28.
The bench on Tuesday directed both sides to submit their written submissions on Wednesday and reserved the orders, the senior advocate quoted above said.