Monday morning was a shock to Tamil Nadu Minister Senthil Balaji, as the Supreme Court dismissed Balaji and his wife’s petition. The Supreme Court upheld the arrest of Senthil Balaji in the money laundering case as valid and allowed the Enforcement Directorate (ED) to interrogate the Minister in custody.
Senthil Balaji and his wife had moved the Supreme Court, challenging the decision of the Madras High Court. The Madras High Court had also in its judgment upheld the arrest of Balaji by the ED.
The court did not consider the Habeas corpus petition as maintainable
The Supreme Court allowed ED custody till 12 August in the cash-for-jobs scam case. A division bench of Justice AS Bopanna and Justice MM Sundresh held that the Habeas corpus petition against the arrest was not maintainable. The order of remand cannot be challenged in a Habeas corpus petition.
On 14 June, the ED arrested Senthil Balaji, a Minister in the Tamil Nadu government, in a money laundering case. Balaji is accused of taking money from candidates in exchange for jobs when he was the Transport Minister in the previous AIADMK government. Balaji has also been accused of money laundering. In this case, the ED raided Balaji’s premises and arrested him. Balaji had moved the Madras High Court against his arrest by the ED, but the High Court had ordered Balaji’s arrest to be maintained. Challenging the High Court’s decision, Senthil Balaji and his wife filed a petition in the Supreme Court.
Senior advocate Mukul Rohatgi presented arguments on behalf of Solicitor General Tushar Mehta and Senthil Balaji on behalf of ED in the Supreme Court. After hearing the arguments of both, the Supreme Court reserved its decision for Wednesday.
Earlier on 12 July, the ED told the Madras High Court that it has powers to arrest and detain minister V Senthil Balaji under the Prevention of Money Laundering Act (PMLA). Solicitor General Tushar Mehta told Justice CV Karthikeyan, who was designated as the third judge, to hear the Habeas corpus Petition (SCP) filed by Balaji’s wife.
Balaji was arrested by the ED under the PMLA in a cash-for-jobs scam. He was then the Transport Minister in the previous AIADMK government. Mehta said that the ED has to perform its statutory duty. Once it has enough material related to the crime, it can arrest a person, attach, and confiscate his properties.