'Let Madras High Court Hear The Matter First', Says Supreme Court Adjourning ED Plea Regarding Senthil Balaji

The Supreme Court today (21 June) adjourned the petition filed by the Enforcement Directorate (ED) challenging a Madras High Court order allowing Minister Senthil Balaji to be admitted to a private hospital and its decision to hear a habeas corpus plea filed by his wife.

Solicitor General Tushar Mehta who appeared for the ED said that the habeas corpus plea should not have been considered by the High Court as a lower court had heard the matter and sent him to judicial custody.

Further, he said that while the agency got eight days custody of Balaji, it was ineffective as he has been admitted to the hospital and would undergo bypass surgery and that according to earlier judgements, police custody (or ED custody) can be only for the initial 15 days.

He asked the bench comprising Justices Surya Kant and MM Sundresh to pass orders saying that the duration of stay in hospital would not be counted in the 15-day period.

The bench, however, said that it would wait for the High Court order. It stated that just because the High Court had heard the habeas corpus plea, it did not mean that it had held the petition to be maintanable.

Regarding whether the duration of hospital stay should be counted in the 15-day period, the bench asked Mehta to present the same arguments before the High Court.

It said that the next date of hearing would be 4 July.

The Madras High Court is scheduled to hear the matter tomorrow, i.e., 22 June and the ED's eight day custody of Balaji (granted by the Principal City Sessions Court) ends on 23 June.

Also Read: Tamil Nadu: 'Heart Surgery Completed, Senthil Balaji Stable', Says Kauvery Hospital Bulletin