SC asks MHC Chief Justice to place Balaji's HCP before 3-judge bench

NEW DELHI: After a division bench of the Madras High Court gave a split verdict on the habeas corpus plea filed by the wife of Tamil Nadu minister V Senthil Balaji for his release in a case registered by Directorate of Enforcement (ED), the Supreme Court on Tuesday requested the Chief Justice of High Court to place the matter before the three-judge bench at the earliest.

A bench headed by Justice Surya Kant said the new bench may decide the plea as early as possible. The bench also kept the ED's plea pending before it and posted it for hearing on July 24.

ED has approached the apex court against the High Court order allowing Senthil Balaji to be moved to a private hospital in Chennai and entertaining a habeas corpus petition filed against his arrest. In its order, the bench stated, "The Solicitor General has at the outset pointed out that the division bench has delivered a split verdict and thus we request the Chief Justice of Madras High Court to place the matter before the larger bench at the earliest and further request to the assigned bench to decide the case as early as possible."

It clarified that the pendency of the appeal before it will have no bearing on proceedings before the High Court. Solicitor General Tushar Mehta appearing for Enforcement Directorate, told the bench that the matter was heard by the division bench and today the High Court has delivered a split verdict.

"One (judge) says habeas corpus lies and that 15 day period cannot be excluded and the other judge has decided the other way. This question has to be decided by this court... rather than a larger bench let the issue be decided by this court," said Solicitor General while urging the apex court to hear the matter. He said, "every day there will be tampering of evidence when Balaji is on bail and in hospital... its a question of law... whether habeas corpus will lie after judicial remand... When the person is influential the damage done is irreversible."

ED approached the apex court contending that the Madras High Court erred in entertaining a habeas corpus petition filed by Balaji's wife and allowing him to be moved to a private hospital in Chennai from the government hospital following his arrest by the ED. During the vacation, when the matter came up for hearing the the bench had refused to interfere with the High Court order saying it was yet to render its opinion on the matter concerning the habeas petition's maintainability and thus it would wait for the High Court's order.

The Minister for Electricity as well as Prohibition and Excise, Balaji, was arrested on June 14 and admitted to a government hospital in Chennai after he complained of chest pain. He was allowed by the Madras High Court on June 15 to be shifted to a private hospital of his choice. He was later taken from the Tamil Nadu government Multi Super Speciality Hospital to Kauvery Hospital at Alwarpet.

Doctors attending to him have recommended bypass surgery. The interim order of the High Court was passed on a habeas corpus petition filed by Minister's wife, Megala, who accused probe agency officials of not having followed due procedures, such as intimating the grounds of arrest, under the Code of Criminal Procedure (Cr.P.C.).

His wife wanted the arrest itself to be declared illegal for the ED's failure to comply with the legal procedures. The ED had arrested Balaji in connection with an Enforcement Case Information Register (ECIR) filed under the Prevention of Money Laundering Act in 2021.

The ECIR was registered on the basis of three FIRs booked against him by the local police in 2018 for his alleged involvement in a cash-for-job case when he was the Transport Minister in Jayalalithaa's Cabinet in 2015.

The charges date back to his tenure as transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015. He joined the DMK in December 2018 and assumed office as the Electricity Minister after the party came to power in May 2021.