Madras HC Delivers Split Verdict In Senthil Balaji Case

The Madras High Court on Tuesday delivered a split verdict on the Habeas Corpus plea filed by Tamil Nadu minister Senthil Balaji's wife. The plea will now be heard by a larger bench of the High Court.

A division bench comprising Justices J Nisha Banu and D Bharatha Chakravarthy delivered the split verdict today.

While Justice Nisha Banu concluded that the habeas corpus plea filed for Balaji's release is maintainable and should be allowed. Justice D Bharatha Chakravarthy questioned whether a habeas corpus plea can be maintainable after a remand order, according to Bar and Bench.

Holding that the HCP was maintainable, Justice Nisha Banu directed the police to set Balaji at liberty forthwith. Disagreeing with the judgment of Justice Nisha Banu, Justice Bharatha Chakravarthy in his order framed four questions and answered the same. The judge said the HCP was not maintainable.

The petitioner has not made out any case to hold that the remand was not valid. Senthil Balaji can continue to take treatment in a private hospital (Kavery Hospital) till he was discharged or 10 days from today, whichever was earlier. Thereafter he can take treatment in a Prison/government hospital, the judge added.

The Tamil Nadu Electricity, and Prohibition and Excise minister was arrested by the ED on June 14 under the Prevention of Money Laundering Act (PMLA) in an alleged cash for jobs scam that took place when he was the transport minister in an AIADMK government led by the late J Jayalalithaa.

Challenging Senthil Balaji's arrest in a PMLA case, the minister's wife alleged that he was arrested illegally by the Enforcement Directorate (ED).