Tamil Nadu: Supreme Court Dismisses Senthil Balaji’s Plea Against ED Custody

The Supreme Court bench comprising Justices A S Bopanna and M M Sundresh today (7 August) dismissed Tamil Nadu Minister Senthil Balaji’s plea challenging custody by the Enforcement Directorate (ED) in connection with the cash-for-job scam during his tenure as Transport minister.

It allowed the ED to have Balaji’s custody till 12 August.

The petitions were filed by Balaji and his wife, challenging the Madras High Court’s judgement wherein it was held that the ED is entitled to take Balaji into custody.

Senior advocates Kapil Sibal and Mukul Rohatgi had argued that there was no concept of 'exclusion' of a period during the 15-day duration of police custody and the ED could have questioned him in the hospital, while he was in judicial custody.

Sibal also argued that the ED officials were not police officers and so they did not have the power to take him into custody for interrogation.

The Court additionally referred the judgement in Central Bureau Of Investigation vs Anupam J Kulkarni wherein it was held that police custody is not allowed beyond the first 15 days, to a larger bench for reconsideration.