Senthil Balaji case: Supreme Court defers hearing in ED plea; says will wait for Madras High Court decision

The Supreme Court on Wednesday deferred hearing the plea filed by the Enforcement Directorate (ED) contending that the Madras High Court erred in entertaining a habeas corpus petition filed by Tamil Nadu minister V Senthil Balaji's wife. .A vacation bench of Justices Surya Kant and MM Sundresh noted that the High Court was yet to render its opinion on the matter concerning the petition's maintainability. Thus, the Bench would wait for the High Court's order."Since both these issues are likely to be examined by the HC tomorrow or thereafter.. we deem it appropriate to post the special leave petition (SLP) for further hearing on the next date. High Court will proceed with the matter on merits," the apex court ordered. .The Court orally assured the ED that in the event there is an order which defeats settled principles of law or statutory provisions, the top court would hear the case. .The top court was hearing a plea by the Enforcement Directorate (ED) challenging a Madras High Court order allowing Tamil Nadu minister V Senthil Balaji, arrested in a money laundering case, to be shifted to a private hospital for bypass surgery.The ED's plea stated that the High Court erred in entertaining a habeas corpus petition filed by Balaji's wife after he was remanded to custody by way of a judicial order.The ED claimed that immediately after a remand order was passed by the sessions court, Balaji feigned an illness and got himself admitted to a hospital..During the hearing today, Solicitor General Tushar Mehta argued that the the reasoning of the High Court was contrary to three constitution bench judgments."The person has got himself admitted and he is undergoing some surgery etc.. I am challenging the order of remand which is made conditional and this makes the remand virtually meaningless," the SG added.He further agued that this sets the wrong precedent that all are equal, but some are more equal than others. It would also send a message that the remedy of habeas corpus lies if an accused is taken into remand, the SG further agued..Balaji, a minister in the cabinet of the Dravida Munnetra Kazhagam (DMK)-led government in Tamil Nadu, was arrested by the ED in connection with a cash-for-jobs case.The charges against him date back to his tenure as the transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.Soon after his arrest, Balaji complained of chest pain and was admitted to a government hospital, where he underwent a coronary angiogram. The City Civil and Sessions Court, Chennai remanded Balaji to judicial custody till June 28 after visiting Balaji at the hospital and ascertaining his health condition.The Sessions judge, however, permitted Balaji to continue his medical treatment at the government hospital.Meanwhile, his wife, S Megala, moved a habeas corpus petition before the Madras High Court against his arrest, which granted him limited relief.The High Court allowed him to be shifted to a private hospital to undergo a bypass surgery.Subsequently, on June 16, the Principal Judge at City Civil and Sessions Court, Chennai, S Alli allowed the plea by ED seeking custodial interrogation of the minister, but directed that the interrogation should be at the hospital.The Ed then moved the top court..The plea by Senthil’s wife (Respondent) was filed through Advocate on record Misha Rohatgi Mohta. The lawyers appearing in lead matter for Senthil’s wife are Senior Advocate Vikram Chaudhary, Advocates Misha Rohatgi Mohta and Nakul Mohta..[Follow our live-coverage of today's hearing before the Supreme Court]

Senthil Balaji case: Supreme Court defers hearing in ED plea; says will wait for Madras High Court decision

Related Stories