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Senthil’s wife files petition challenging legality of his arrest by probe agency
Senior advocate Kapil Sibal, representing the petitioner, told the court that ED officials were acting like an authority investigating the predicate offence, arguing that the central agency’s officials do not have powers of a police officer
Tamil Nadu minister Senthil Balaji’s wife S Megala, who has filed a habeas corpus petition before the Madras high court, on Tuesday argued that the Enforcement Directorate (ED) cannot seek custody beyond the 15-day period from the date of arrest, people familiar with the development said.
Challenging the legality of Balaji’s arrest by the federal agency, senior advocate Kapil Sibal, representing the petitioner, told the court that ED officials were acting like an authority investigating the predicate offence, arguing that the central agency’s officials do not have powers of a police officer.
Sibal made the submission before Justice CV Karthikeyan, who is the third judge hearing the habeas corpus plea filed by Megala after a division bench of justices J Nisha Banu and D Bharatha Chakravarthy gave a split verdict in the matter on July 4. Dravida Munnetra Kazhagam (DMK) leader and Tamil Nadu minister without a portfolio, Balaji remains in judicial custody and is currently admitted in a hospital.
“The investigation is to be done by ED. But I need to have that material in my possession which would allow them to investigate,” Sibal argued, as reported by LiveLaw. “They can’t start an investigation to know if I have material. That is why there is a difference between the definition of proceeds of crime and money laundering. So, the officers must have information that I am projecting something as untainted when it is tainted.”
There was nothing on record, Sibal told the court, to show that ED had any such information. He further argued that the federal anti-money laundering probe agency was “acting like an authority investigating the predicate offence”.
Sibal further argued that though the sessions judge already granted police custody on June 16, ED had filed a memo saying that they could not execute the custody. The senior lawyer added that the federal agency cannot seek exclusion of period of hospitalisation, after failing to implement an order of custody.
“The judge never passed any order on the memo they filed saying they could not execute the custody. They could have gone to high court. They did not. So they had an order of custody and they did not implement. They couldn’t have assumed what’ll happen. When you have an order, and you did not implement it, and the 15-day period is over, then it’s over. You cannot seek a remand,” Sibal submitted, as reported by LiveLaw.
On June 14, ED arrested Balaji in connection with a money laundering case linked to alleged corruption in recruitment in transport department during 2011-2015, when Balaji was heading the portfolio in the All India Anna Dravida Munnetra Kazhagam (AIADMK) regime. Balaji switched over to the DMK in 2018 and became minister for electricity, prohibition and excise — the portfolios were reallocated after he was hospitalised following his arrest — after the MK Stalin-led party won the assembly elections in May 2021.
Senior counsel and DMK lawmaker NR Elango, appearing for Balaji, submitted before that court that the habeas corpus petition is maintainable. Elango also argued that the procedure to be followed during arrest was not adhered to in this case.
After Sibal and Elango completed their submission, the high court judge posted the case for Wednesday, when Solicitor General Tushar Mehra will put forth arguments on behalf of ED.
Meanwhile, even as Balaji’s counsel put forth their arguments in the court, officials of the Income Tax (I-T) department conducted searches at locations linked to the arrested minister’s brother Ashok Kumar in their native district of Karur, people familiar with the matter said.
Central paramilitary personnel accompanied the I-T sleuths for security on Tuesday during the third round of searches against Balaji’s brother.
On July 4, Justice Nisha Banu held that the habeas corpus petition was maintainable in the following terms — ED is not entrusted with the powers to seek police custody under the Prevention of Money Laundering Act (PMLA). The judge had dismissed a petition filed by ED seeking exclusion of the hospitalisation period.
Differing with her, justice Bharatha Chakravarthy had dismissed the habeas corpus petition, stating that Balaji cannot be set at liberty pointing out that it was not an exceptional circumstance where there has been “absolute illegality, total non-application of mind or lack of jurisdiction and wholesale disregard to the fundamental rights”.
(With agency inputs)
