Tamil Nadu Minister Senthil Balaji Moves Supreme Court Against Madras HC Order Allowing ED Custody

The jailed minister has been accorded 'A' class facilities in prison. The stipulated amenities would be made available to him in compliance with the norms. For instance, a medical check-up has been completed in accordance with mandated procedures, jail sources said.  

Madras High Court's verdict

In the cash-for-jobs scam, the police filed FIRs, following which the ED registered the Enforcement Case Information Report. Subsequently, Senthil Balaji was arrested by the ED in a money laundering case connected to the scam.

Senthil Balaji's wife moved a habeas corpus petition before the High Court contending that the arrest and detention was illegal. Appearing in the case, Senior Counsel NR Elango had argued that Balaji's arrest had come without prior notice and was illegal. However, the High Court division bench delivered a split verdict. While Justice Nisha Banu set Balaji at liberty, the other judge disagreed with it. 

The habeas corpus plea filed for Balaji's release is maintainable and should be allowed, concluded Justice Nisha Banu. The ED is not entrusted to get police custody, she held. However, disagreeing with this, Justice D Bharatha Chakravarthy, questioned whether a habeas corpus plea can be maintainable after a remand order. Justice Chakravarthy also argued that no case was made out to show that Balaji's remand was illegal. As such, he held that the habeas corpus plea is liable to be dismissed.

Justice Banu then directed the Registry to place the matter before the Chief Justice for further orders. Madras High Court on July 14 upheld Senthil Balaji's arrest by the ED in the money laundering case and his subsequent remand in judicial custody by a sessions court. 

(This is a developing story. More details are awaited.)