Court delivers split verdict in petition against Senthil Balaji arrest; refers case to larger bench

The Habeas Corpus petition submitted by Senthil Balaji’s wife against his arrest by the Enforcement Directorate last month in connection with a money-laundering case resulted in a split decision from the Madras High Court on Tuesday.

A larger bench will now be given the plea. A division bench of Justices Nisha Banu and D Bharatha Chakravarthy rendered the divided decision. Justice D Bharatha Chakravarthy disagreed with Nisha Banu’s assessment that the habeas corpus petition filed for Balaji’s release is maintainable and should therefore be permitted.

According to the lawyer for petitioner NR Elango that because of the split verdict the status quo continues. “As of now, the status quo continues because of the split verdict. One of the judges accepted our plea that ED has no power to seek Police custody…It has been held by one of the judges that it is a case of illegal arrest..,” said senior advocate and DMK Rajya Sabha MP Elango.

Senthil Balaji was arrested by the Enforcement Directorate (ED) in connection with a money laundering case.
Balaji’s wife, S Megala, had filed a habeas corpus plea against the minister’s arrest before the High Court on June 14.
Justice Nisha Banu was of the opinion that the ED is not entrusted with powers to seek police custody under the Prevention of Mondy Laundering Act (PMLA).

Senior Counsel NR Elango’s argument in the court was that Balaji’s arrest had come without prior notice and hence it was illegal.

“The procedure adopted by Enforcement Directorate is totally illegal and unconstitutional. He was taken into custody by ED without informing him of the grounds of his arrest. We will fight this case legally,” Elango had told reporters on June 14.

The Supreme Court, earlier in June, refused to interfere with the Madras High Court order allowing Balaji to be moved to a private hospital in Chennai and entertaining a habeas corpus petition filed against his arrest.