Supreme Court To Hear Senthil Balaji Case Again On 26 July, Refuses To Grant Interim Protection From Police Custody

A Supreme Court bench of Justices AS Bopanna and MM Sundresh today (21 July) posted to 26 July, the hearing on the pleas filed by Minister Senthil Balaji and his wife Megala challenging the Madras High Court verdict allowing the Enforcement Directorate (ED) to take him into custody.

In his remarks, senior advocate Kapil Sibal, appearing for Balaji reiterated the argument he had made in the Madras HC, i.e., the ED officials were not police officers and hence could not have taken him into custody.

Solicitor General Tushar Mehta, who appeared for the ED said that the agency could take Balaji into custody as the Code of Criminal Procedure (CrPC) would be applicable to investigations under the Prevention of Money Laundering Act (PMLA) unless there is any inconsistency and hence Section 167 of the CrPC would apply.

Sibal requested the bench to grant interim protection from police custody because the Division Bench of the Madras High Court was set to decide the date on which Balaji could be taken into custody by the ED.

The bench, however, did not grant the plea. Justice Bopanna replied, "Okay, nothing will happen. July 26 at 2 PM."

It also asked them to keep their submissions brief as the matter had already been heard by three judges.

Also Read: 'ED Has Right To Take Senthil Balaji Into Custody', Says Justice CV Karthikeyan In Judgement On Habeas Corpus Plea