Jahanvi Agarwal
Recently, Madras High Court passed a split verdict on the issue i.e., whether it can order the release of Tamil Nadu Minister V Senthil Balaji, who was detained by the Enforcement Directorate (ED) in connection with a money laundering case.
The said order was passed by a division bench which consisted of Justices Nisha Banu and D Bharatha Chakravarthy and now the said matter shall be heard by a larger bench of the High Court.
According to Justice Nisha Banu, the habeas corpus petition filed for Balaji’s release is maintainable and should be granted. The judge also stated that the ED is not authorized to obtain police custody.
Justice D Bharatha Chakravarthy, however, was having a different view on the said matter and disagreed with Justice Banu’s viewpoint. In response to a remand decision, Justice Chakravarthy questioned whether a habeas corpus plea could still be upheld. He further stated that there was no evidence to support Balaji’s unlawful detention. As a result, he decided that the habeas corpus plea should be rejected.
On June 14, the minister’s wife, S Megala, petitioned the court for a writ of habeas corpus regarding the minister’s detention in connection with a money laundering case that the ED had brought against him.
Senior Counsel NR Elango contended that Balaji’s arrest was unlawful because it happened without any prior notice.
After being questioned by the ED in connection with the matter, the minister was taken into custody last month. During the All-India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015 when he was the transport minister, he was accused of the offenses.
The action was taken after the Supreme Court granted the ED permission to carry up its investigation into Balaji in a decision issued on 16th May. By the aforementioned decision, the Madras High Court’s judgment directing the State police to launch a fresh probe into the cash-for-jobs fraud case was also rejected by the Supreme Court.