Madras High Court delivers split verdict on Habeas Corpus plea by Senthil Balaji’s family

The Madras High Court on Tuesday delivered a split judgement on the Habeas Corpus plea filed by the wife of Tamil Nadu minister V Senthil Balaji.

Balaji was arrested by the Enforcement Directorate on June 14 for offences under the Prevention of Money Laundering Act (PMLA). The plea against the ED’s arrest, filed by the minister’s wife Megala Senthil Balaji, was heard by a two-judge bench of the Madras High Court.

Megala Senthil Balaji moved to the court to challenge the ED’s detention of her husband on the ground’s that it violated his constitutional and statutory rights. Senior Counsels NR Elango and Mukul Rohatgi, representing the Senthil Balaji family, argued that the ED did not have the powers of the police under PMLA, and the continued detention was illegal.

Madras High Court Justices present differing opinions on the Balaji case

Justice J Nisha Banu allowed the petitioner’s Habeas Corpus plea and ordered the immediate release of Senthil Balaji. She observed that the Habeas plea was maintainable, and agreed with Advocate Elango’s argument that the PMLA did not entrust the ED with the powers to seek police custody. She also dismissed an application filed by the ED seeking to exclude the period of treatment undergone by the arrested minister while calculating the period for custodial interrogation.

Justice Bharatha Chakravarthy, in a differing opinion, agreed with Solicitor General Tushar Mehta’s argument that the Habeas plea was not maintainable because the petitioners failed to prove that the arrest and consequent detention were illegal. He also admitted the ED’s application, saying that it was in Senthil Balaji’s favour that he spent his time in ED’s detention at the Kauvery Hospital. He agreed to exclude the time that Senthil Balaji spent undergoing treatment while calculating the custodial interrogation period.

Senthil Balaji case to be heard by a larger bench

After the two-judge bench delivered a split verdict, the case will now be Chief Justice Sanjay Vijaykumar Gangapurwala, who will appoint a third judge to deliver the deciding judgement on the case.

V Senthil Balaji’s arrest has kicked off a political storm in Tamil Nadu, which is slated to hold a general election next year.