Legal deadlock over Senthilbalaji continues as MHC issues split verdict

CHENNAI: The legal deadlock over the arrest of TN minister V Senthilbalaji by the Enforcement directorate is all set to continue as the division bench of the Madras High Court on Tuesday delivered a split verdict hearing a Habeas Corpus petition filed by minister’s wife S Megala.

Following the split verdict, the matter was placed before the Chief Justice so that a single judge bench may be constituted to decide on the matter. As the Supreme Court is hearing another petition related to the cash for job scam involving Senthilbalaji, the matter is likely to be listed in a couple of days.

While Justice Nisha Banu maintained the HCP petition is maintainable Justice D Bharatha Chakravarthy differed in his views and said that the ED has the jurisdiction to proceed over the investigation and seek policy custody. 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, Banu held.

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 and termed the HCP petition as liable to be dismissed.

The period of Balaji's stay at the hospital where the minister is being treated for cardiac ailment should be excluded from the ED custody period. The judge also opined that the ED can move for custody again if the Senthilbalaji is medically fit.

Senior counsel N R Elango said that the verdict by the Justice Nisha Banu has agreed with the grievances raised by Balaji’s wife and had allowed the HCP petition. As it is a split verdict after several rounds of arguments now we will wait for the third judge to decide on the matter and that will be the final judgment, Elango told reporters.

It may be noted Senthilbalaji’s wife Megala filed the habeas corpus plea before the Court on June 14, against the minister's midnight arrest in a money laundering case filed against him by the ED.

Senior Counsel NR Elango had argued that Balaji's arrest had come without prior notice and termed the arrest as illegal stating that the fundamental rights of Balaji was denied by the ED authorities. Balaji was booked for charges that during the AIADMK regime he has transport minister from 2014 to 2015 allegedly took cash for government jobs from aspirants.

It may be noted that the Supreme Court recently 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 and directed the Chennai city crime branch to add the provisions of corruption act in two cases related to DMK strong man Senthilbalaji.

Solicitor General Tushar Mehta appeared for the ED and argued that the accused was delaying the investigations and maintained that there are information and evidence suspecting money laundering by the minister Senthilbalaji and his associates.

Responding on the issue High Court advocate and AIADMK sympathiser S Agneeswaran said that the matter will now start fresh and the clock is ticking as Supreme Court is monitoring the developments. The third judge verdict will be legally and politically important as it revolves around an incumbent DMK minister, the advocate added.

“The case investigation gained momentum during the AIADMK regime during the chief ministership of Edappadi K Palaniswami. AIADMK will continue to mount political pressure seeking the arrest of Senthilbalaji and we will again protest if the DMK minister fails to co operate with the ED investigations,” said a former AIADMK legislator.