Dangerous to say Section 167 CrPC does not apply to PMLA cases: Supreme Court reserves verdict in V Senthil Balaji case

The Supreme Court on Wednesday reserved its verdict in the pleas filed for the release of Dravida Munnetra Kazhagam (DMK) leader and Tamil Nadu minister V Senthil Balaji, who had been arrested in June in a money laundering case being probed by the Enforcement Directorate (ED)..A bench of Justices AS Bopanna and MM Sundresh heard the matter.Notably, during today's hearing, the bench expressed concern over the ED's argument that Section 167 of the Code of Criminal Procedure (CrPC) would not apply to arrests under the Prevention of Money Laundering Act (PMLA).Section 167, CrPC deals with the production of an arrested person before the concerned magistrate. It confers magistrates the power to determine the period of remand of an accused produced before them, after recording reasons for the same. "It is a very dangerous proposition that 167 does not lie, and you [ED] can take your own sweet time to file a final report," Justice Sundresh said today.Solicitor General Tushar Mehta, appearing for the central agency, responded by saying that it does not apply to the time exclusively spent in ED custody. He added that the Tamil Nadu government has made amendments on this aspect.The Solicitor General also asserted that the ED’s efforts to get exclusive custody over Balaji were stalled when he abused the law by approaching multiple courts. "He has abused the process of law on multiple courts. Agency has been scuttled. There are grounds for further interrogation. As of now he is not in my physical custody he is in judicial custody,” Mehta submitted..The Madras High Court had earlier ruled against releasing the minister prompting Balaji and his wife, S Megala to move the apex court. Meanwhile, the ED had also moved the top court contending that the High Court had erred in even entertaining a habeas corpus petition filed by Balaji's wife after his remand. The ED's plea was heard along with the pleas filed by Balaji and his wife. Today was the fourth and final day of the hearing in the case..The petitioners (Balaji and his wife) were represented by Senior Counsel Kapil Sibal and Mukul Rohatgi. Over the course of earlier hearings, Sibal raised concern that the powers conferred on ED under the PMLA go well beyond the CrPC. He pointed out that the grounds of arrest or a copy of the complaint are not even provided to persons accused of money laundering, thereby affecting their rights."Even in preventive detention, it is given. So my statutory and constitutional rights are affected. There is a judicial order of the [Madras] High Court that he will continue being in custody. The fact remains they have a remand order,” he argued.Rohatgi contended that the ED has no vested right to interrogation. "Heavens will not fall if one custody shifts to another custody, it is not even bail. These are matters of liberty and flow from Article 21. Even in the first 15 days there is no vested right, it is at the discretion of the Magistrate,” he submitted.Rohatgi added that it was not as if Balaji would flee the country with other accused..The case against Balaji stems from alleged irregularities in the appointment of bus conductors in the Tamil Nadu transport department, as well as the appointment of drivers and junior engineers.These appointments were made during Balaji's tenure as the Transport Minister in the All India Anna Dravida Munnetra Kazhagam (AIADMK) government between 2011 and 2015. Balaji later joined the DMK in 2018.Following his remand by a sessions court, Balaji was placed under judicial custody. However, instead of being sent to prison, he was eventually transferred to a private hospital where he underwent bypass surgery.Meanwhile, his wife filed a habeas corpus petition before the High Court seeking his release. After a division bench of the High Court delivered a split verdict on this plea, a third judge was appointed to decide on the matter. The third judge eventually ruled against Balaji's release. .Senthil Balaji arrest: Madras High Court closes Habeas Corpus case; Justice Nisha Banu says she “stands by her order”.Cash-for-jobs scam: Supreme Court allows ED to probe TN Minister Senthil Balaji; sets aside HC order directing fresh probe.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.