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TN Minister Senthil Balaji's legal battle against ED: How a split verdict from HC came as setback and what's next?

By alagu, 04 July, 2023
Senthil Balaji, DMK, MK Stalin, Tamilnadu

The legal battle waged by Tamil Nadu Minister Senthil Balaji's family against the Enforcement Directorate (ED) has taken a turn of setback on Tuesday - July 4 and the setback was sparked by a split verdict from a Madras High Court bench that consisted of two judges. Senthil Balaji was arrested on June 14 by the officials of ED in connection to a money-laundering case. 

Senthil Balaji was serving as the Minister of Electricity, Prohibition & Excise and recently, he was made the Minister without portfolio. Senthil Balaji has been hospitalized in Chennai since his arrest after he complained of chest pain. The DMK leaders had slammed the ED for harassing him to an extent that he suffered chest pain and he also underwent bypass surgery at Kauvery Hospital in Chennai. 

Senthil Balaji has been on the road to recovery and in the midst of being under custody, Senthil Balaji's wife had filed a habeas corpus petition in the Madras High Court alleging that Senthil Balaji's arrest and custody weren't properly informed to her by the ED and that the officials had tortured him. The petition was initially listed out to a bench of Justices Sundar and Sakthivel. However, Sakthivel rescued himself from the hearing, after which a new bench was constituted. 

The new bench had comprised of Justices Nisha Banu and Bharatha Chakravarthy and after the hearing of the habeas corpus petition in the midst of Senthil Balaji's hospitalization, the High Court bench had pronounced its verdict where two judges delivered a split verdict that came as a setback for Senthil Balaji's legal battle. 

In her verdict, Justice Banu had allowed the habaes corpus petition as maintainable and ordered the release of Senthil Balaji from custody. By noting that the ED has no power to take the minister under its custody for longer since the custody was already granted, Justice Banu said that the Minister is ordered to be set at liberty forthwith. However, on the other hand, Justice Bharatha Chakravarthy delivered a different verdict in favour of ED. 

In the wake of a split verdict, the next step is that the matter will now be heard by a three-judge bench, which will be constituted by the Chief Justice of the Madras High Court. Speaking after the split verdict, DMK Rajya Sabha MP and senior advocate NR Elango, who is representing Senthil Balaji, said, "As of now, the status quo continues because of the split verdict. One of the judges accepted our plea that ED has no power to seek Police custody. It has been held by one of the judges that it is a case of illegal arrest." 

During the earlier hearings of habaes corpus petition, the High Court had ordered to shift Senthil Balaji to Kauvery Hospital, for further treatments, from the Government Omandurar hospital where he was initially treated. The court had also said that a team of doctors formed by the ED can visit Senthil Balaji at the hospital and can inquire about the treatment plan.

Earlier, the Sessions Court had directed ED to take Senthil Balaji under custody for eight days and it was later extended. Senthil Balaji was arrested in a money-laundering case linked to a transport job scam that he allegedly committed while he was serving as the Tamil Nadu's Transport Minister between 2011 and 2015, in the J Jayalalithaa-led ADMK regime. Senthil Balaji was arrested on June 14 after 18 hours of raids conducted by ED in the places connected to him. 

 

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