Split Verdict On Senthil Balaji's Arrest: What Did The Madras High Court And Supreme Court Say?

A Division Bench of the Madras High Court comprising Justices J Nisha Banu and D Bharatha Chakravarthy today (4 July) delivered a split verdict on the habeas corpus plea filed by minister Senthil Balaji's wife, Megala.

Justice Banu held that the plea was maintainable in spite of the Sessions Judge remanding him to judicial custody after his arrest because the Enforcement Directorate (ED) had not followed the legal procedures before arresting him.

She said that Balaji should be set at liberty and the ED would not be entitled to take him for custodial interrogation.

Differing with her, Justice Chakravarthy dismissed the habeas corpus plea and said that it was not maintainable. He said that a plea of habeas corpus especially after remand was granted by a competent court would be maintainable only in case of absolute illegality, lack of jurisdiction, wholesale disregard to fundamental rights or total non-application of mind.

He added that the petitioner had not been able to make out such a case.

Regarding the ED's plea not to include the period of hospital stay in the 15-day period allowed for police custody because it has been unable to question him, he said that this limitation would be removed in the present case and after he is certified to be medically fit, the ED can move the court to seek his custodial interrogation.

He also said that Balaji should be allowed to remain in the Kauvery Hospital for 10 more days or until he gets fit, whichever is earlier and after that, he should be shifted to a prison hospital if necessary.

The Supreme Court, which heard the case a few hours later directed the Chief Justice of the Madras High Court to get the matter to be heard by a third judge at the earliest. It said that it would hear the case again on 24 July.

Balaji whose judicial custody was extended to 12 July by the Sessions Court on 28 June, would continue to remain in judicial custody as it was a split verdict.