The Madras High Court on Tuesday disposed of the habeas corpus petition filed by Megala, wife of arrested Tamil Nadu minister V Senthil Balaji, as the matter is pending before the Supreme Court.
A division bench of Justice J Nisha Banu and Justice D Bharatha Chakravarthy, disposed the petition after hearing arguments from Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), and senior counsel NR Elango, who appeared for Balaji.
The Habeas Corpus Petition was mentioned before the division bench to determine the date from which the ED could take custody of Balaji. The agency had arrested him in a cash-for-jobs scam that occurred during his tenure as the Transport Minister in the previous AIADMK government.
During the video-conference hearing, Justice Nisha Banu referred to the split verdict in the case earlier and mentioned that the matter was subsequently referred to a third judge who agreed with the conclusion of Justice Bharatha Chakravarthy.
“I stand by my judgment dated July 4, 2023. I have nothing more to say in this matter,” stated Justice Banu.
Tushar Mehta stated that the matter was referred to this division bench solely to decide the date for commencing ED’s custody. Justice Nisha Banu reiterated that she had already ordered the release of the detenu.
Since the Apex Court is handling the case, the division bench decided to disposed it, Justice Banu said.
Elango informed the bench that the petitioner has challenged the orders, and both the Special Leave Petitions (SLPs) are pending before the Supreme Court. The ED has also challenged a portion of the judgment. As both parties have challenged the orders, this court can wait for the Supreme Court’s orders, he argued.
However, Justice Nisha Banu remarked, “Now we have nothing more to say since the Supreme Court is handling the matter.” When the judge asked Justice Bharatha Chakravarthy’s opinion, he replied, “Yes, we will closed the matter.” Subsequently, the division bench disposed the Habeas Corpus Petition.
