On Wednesday, the Supreme Court declined to overturn a Madras High Court decision allowing Tamil Nadu minister V Senthil Balaji to be transferred to a private hospital in Chennai and considering a habeas corpus plea brought against his arrest.The hearing scheduled for June 22 before the High Court was postponed by a vacation bench of Justices Surya Kant and MM Sundresh. The High Court judgement was challenged by the Enforcement Directorate (ED), and the bench postponed the case to July 4. ED filed an appeal with the Supreme Court, arguing that the Madras High Court erred in granting Balaji’s wife’s habeas corpus request.
“High Court is yet to render its final option on habeas corpus petition and the exclusion of period of treatment undergone by the detenue (Balaji) from the period of custodial interrogation and since both these issues are likely to be examined by the High Court tomorrow or thereafter, we deem it appropriate to post this SLP for further hearing on next date,” the top court stated in its order.
The bench also said that case pending in the top court shall not be taken as a ground to adjourn the matter by the High Court. It said that observations made by the High Court or any observation made by the apex court shall have no bearing on the case, the order added.Solicitor General Tushar Mehta appearing for Enforcement Directorate told the bench that High Court order sets a wrong precedent.
