Madras High Court delivers split verdict in Habeas Corpus plea seeking release of V Senthil Balaji in ED case

A division bench of the Madras High Court on Tuesday delivered a split decision on the question of whether it can order the release of Tamil Nadu Minister, V Senthil Balaji, who was arrested by the Enforcement Directorate (ED) in connection with a money laundering case..The matter will now be placed before the Chief Justice. .Justices Nisha Banu and D Bharatha Chakravarthy delivered the split verdict today.Justice Nisha Banu concluded that the habeas corpus plea filed for Balaji's release is maintainable and should be allowed. The ED is not entrusted to get police custody, she held. However, Justice D Bharatha Chakravarthy said he was unable to agree with Justice Banu's opinion. Justice Chakravarthy questioned whether a habeas corpus plea can be maintainable after a remand order. He added that no case was made out to show that Balaji's remand was illegal. As such, he held that the habeas corpus plea is liable to be dismissed. .Justice Chakravarthy added that period of Balaji's stay at the hospital where he was being treated for chest pains, should be excluded from the ED custody period. He opined that the ED can move for custody again in ten days if Balaji is fit by then. The judge further opined that all further medical treatment required by Balaji can be done at the prison hospital..However, since a split verdict has been delivered, the matter was placed before the Chief Justice so that a larger bench may be constituted to decide on the matter. .S Megala, wife of Tamil Nadu Minister V Senthil Balaji, had filed the habeas corpus plea before the Court on June 14, against the minister's arrest in a money laundering case filed against him by the ED.Appearing in the case, Senior Counsel NR Elango had argued that Balaji's arrest had come without prior notice and was illegal..The minister was arrested last month after undergoing questioning by the ED in the case. The charges are from the time when he was the transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015. This move followed after the Supreme Court, in a ruling passed on May 16, granted permission to the ED to continue its probe against Balaji.By the said ruling, the Supreme Court also overturned a Madras High Court order that had instructed the State police to carry out a new investigation into the cash-for-jobs scam case.