The Supreme Court has agreed to hear pleas of Tamil Nadu Minister V Senthil Balaji and his wife Megala challenging the Madras High Court order on Friday, i.e., 21 July, 2023
The High Court had upheld his arrest by the Enforcement Directorate (ED) in a money laundering case.
A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra considered the submissions of senior advocate Kapil Sibal, representing the minister and his spouse. Sibal emphasized the need for urgent hearing, stating that the matter would become infructuous otherwise.
Solicitor General Tushar Mehta, appearing for the anti-money laundering probe agency, opposed Sibal’s request for an urgent hearing, citing alleged inaccuracies in the presented facts. Mehta mentioned that the Chief Justice of the High Court is yet to refer the matter to a division bench for further proceedings.
“If the bench seeks to list it tomorrow then I have no problem, the bench stated.
The Court then confirmed that the case would be listed for hearing.
The minister and his wife have separately filed petitions in the Apex Court challenging the High Court’s order, which upheld his arrest by the ED in connection with a money laundering case. The High Court had also validated his subsequent remand in judicial custody by a sessions court. The case pertains to the alleged cash-for-jobs scam in the state’s transport department during his tenure as the transport minister.
Currently, V Senthil Balaji holds the position of a minister without portfolio in the Tamil Nadu cabinet.
Justice C V Karthikeyan, appointed as the third judge by the High Court to hear the habeas corpus petition filed by Senthil Balaji’s wife, concurred with the conclusions reached by Justice D Bharatha Chakravarthy. Justice Chakravarthy had upheld Balaji’s arrest.
Justice Karthikeyan stated that the accused had no right to obstruct the investigation and directed the registry to place the matter before Chief Justice S V Gangapurwala. The Chief Justice would then refer it to the same division bench to determine the date on which the ED could take custody of Senthil Balaji, who recently underwent a coronary bypass surgery, and arrange for his transfer from the hospital.
On Monday, Balaji was shifted from a private hospital to the Puzhal Central Prison in Chennai.
According to the complainant, Balaji was accused of providing Rs 2.40 lakh in exchange for securing a job in a state-run transport corporation. This act constituted the specific offense of bribery for which an FIR was filed, leading to the ED registering the Enforcement Case Information Report (similar to an FIR). Subsequently, Balaji, who previously served as the transport minister in an AIADMK government, was arrested by the ED.
