Senthil Balaji case: SC asks Madras HC to expedite the resolution of case

Senthil Balaji, DMK, Supreme Court

Hours after a two-judge bench of Madras High Court delivered a split verdict in the habeas corpus petition of arrested Tamil Nadu Minister V Senthil Balaji, the Supreme Court has issued directions to the Chief Justice of Madras High Court to assign the case to a new bench and decide the case at the earliest possible time.

Appearing for Enforcement Directorate (ED) Solicitor General (SG) Tushar Mehta urged the apex court to transfer the case before itself as the case may get delayed if it stays in Madras HC. SG argued that since Balaji is a minister, there is a chance that evidence may be tampered with.

Senior Counsel Kapil Sibal, who appeared for Balaji, argued that the Supreme Court cannot assume High Court's position merely because a split verdict has been passed and asked the court not to transfer the case before itself.

The court noted that it would be better if the case is finally decided at Madras High Court as they would have the assistance of another opinion of the third judge. Thus the SC directed the Madras HC to decide the case at the earliest possible time. The Supreme Court has also kept the petitions before it pending and listed them for hearing on July 24.

Earlier today, a division bench of the Madras High Court on Tuesday delivered a split verdict on the habeas corpus petition of arrested Tamil Nadu Minister V Senthil Balaji. Justices J Nisha Banu and D Bharatha Chakravarthy gave the ruling on the habeas corpus petition filed by Balaji's wife against her husband's "illegal detention".

While Justice Nisha Banu set Balaji at liberty, the other judge disagreed with it.

The bench then directed the registry to place the matter before the Chief Justice for it to be referred to another bench.

On June 21, SC refused to stay Madras High Court's order permitting Balaji to be admitted to a private hospital in Chennai.

Balaji, then electricity and prohibition and excise minister of Tamil Nadu, was arrested on June 14 under the Prevention of Money Laundering Act (PMLA) in an alleged cash-for-jobs scam that took place when he handled the transport portfolio in an AIADMK government led by the late J Jayalalithaa. He was admitted to the hospital for health complications immediately upon his arrest.

He is now Minister without Portfolio, after those handled by him were reallocated to his cabinet colleagues Thangam Thennarasu and S Muthusamy.

The high court passed an interim order after Balaji's wife filed a habeas corpus petition alleging illegal arrest.