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ED’s arrest illegal; habeas corpus plea holds: Balaji’s counsel in Madras HC
After senior counsel Elango completed his arguments for Balaji, the high court adjourned hearing to June 27 when India’s solicitor general Tushar Mehta appearing for the ED will reply
Chennai:
Tamil Nadu minister V Senthil Balaji’s counsel N R Elango argued in the Madras high court on Thursday that the minister’s arrest by the Enforcement Directorate (ED) was illegal.
Justices Nisha Banu and D Bharatha Chakravarthy were hearing a habeas corpus petition filed by the minister’s wife S Megala to declare his arrest by the ED in a case under Prevention of Money Laundering Act (PMLA) on June 14 as illegal. Balaji was arrested on charges of money laundering 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 Dravida Munnetra Kazhagam (DMK) in 2018.
After senior counsel and Rajya Sabha MP Elango completed his arguments for Balaji, the high court adjourned hearing to June 27 when India’s solicitor general Tushar Mehta appearing for the ED will reply.
The hearing comes a day after the Supreme Court refused ED’s plea to stay an order of the Madras HC that allowed Balaji to be shifted to a private hospital (Kauvery hospital in Chennai). Balaji, 47, underwent a beating heart coronary artery bypass surgery on Wednesday morning. Four bypass grafts were placed and coronary revascularization was established. The Supreme Court, noting that the minister’s habeas corpus petition is pending in the Madras HC, had on Wednesday asked the ED to approach it.
The Solicitor General had argued that the habeas corpus petition is not maintainable since it was filed after the order for remand. Citing previous orders of the SC, Elango argued that the habeas corpus plea is indeed maintainable and as per law there cannot be custodial interrogation after 15 days of arrest.
“No matter what the situation is, custodial interrogation cannot be granted after 15 days of arrest. So ED’s argument to exclude the period of hospitalisation does not need to be answered by the courts,” said Elango. In the cases of Income Tax Act and Customs Act, the officers are given special powers of a station house officer but in PMLA cases, ED officials do not have the powers of a police officer, explained Elango after the hearing. “On that basis, we have argued that ED does not even have the authority to ask for custodial interrogation,” said Elango.
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 on Monday to move the Supreme Court. According to the ED’s argument, they investigated Balaji until 11pm on June 14, said Elango. “What happened from 11pm to 2am, the ED has kept everyone in the dark.”
The arrest was made at 1.49am and after 2am Balaji had been admitted to a government hospital complaining of chest pains, ED had said earlier. The senior counsel reiterated that Balaji was tortured which the ED has denied. In its remand order, the ED sought custodial interrogation of the minister on the grounds that he is not cooperating with the probe and that they have evidence which shows that he is guilty of money laundering.
Meanwhile, health minister M Subramanian on Thursday said that Balaji was brought to the post-operation ward on Wednesday evening and that his condition is stable.
