E-Paper
SC to hear Senthil Balaji’s plea against ED arrest and custody on Friday
Solicitor general Tushar Mehta, representing ED, said the agency also filed a petition against some of the findings of the Madras HC, which may also be heard together
The Supreme Court will on Friday hear petitions by arrested Tamil Nadu minister V Senthil Balaji and his wife Megala against the July 14 judgment of the Madras high court that affirmed the Dravida Munnetra Kazhagam’s arrest and custodial interrogation by the Enforcement Directorate (ED) in a money laundering case.
On Thursday, Chief Justice of India Dhananjaya Y Chandrachud assigned the date of hearing which senior counsel Kapil Sibal mentioned the plea. Sibal said Balaji may be taken into custody by ED anytime and therefore, the matter must be heard urgently.
Solicitor general Tushar Mehta, representing ED in the case, said that the agency has also filed a petition against some of the findings of the Madras high court and that their petition may also be heard together.
CJI Chandrachud agreed to list all petitions on Friday.
After the two judges on a division bench in the high court had a split decision, a third judge on July 14 upheld Balaji’s arrest as well as validated the agency’s demand to exclude the period of hospitalisation of the minister from the 15-day custodial interrogation.
ED arrested Balaji, who held the electricity, excise and prohibition portfolios, on June 14 on allegations that date back to 2014 when he was the transport minister in the then AIADMK government. He joined the DMK in 2018.
On the day of his arrest, Balaji collapsed, and later underwent a beating heart coronary artery bypass surgery in a Chennai hospital on June 21 and has been hospitalised since.
On July 4, the SC had requested the Madras HC chief justice to pave the way for the speedy disposal of the case surrounding the legality of arrest and custodial interrogation of Balaji, hours after the two-judge bench in the high court delivered a split verdict in the matter.
On that day, the apex court had noted that the habeas corpus petition filed by Balaji’s wife challenging her husband’s arrest will have to go to a third judge for a decision by majority.
The top court is currently seized of two petitions moved by ED. The first is against the June 15 high court order that allowed the shifting of the minister from a city government hospital to a private facility of his choice after Balaji’s wife moved a habeas corpus petition, disputing the legality of his arrest.
ED, in its plea before the Supreme Court, argued that challenging minister’s arrest was not maintainable after he was remanded to ED’s custody by a trial court of competent jurisdiction.
ED’s second petition challenges the Chennai sessions court order of June 16, restricting the probe agency’s interrogation at the hospital after seeking permission from the team of doctors treating Balaji.
The federal agency has implored the top court to issue an order that the period of Balaji’s stay in hospital should be excluded from the 15-day period of his custodial interrogation.
