The Supreme Court on Tuesday directed the Madras High Court to expedite the habeas corpus petition of Tamil Nadu minister V Senthil Balaji by placing it before a three-judge bench “at the earliest” due to a split verdict earlier in the day.
A bench of Justice Surya Kant and Justice Dipankar Datta also directed the Chief Justice of the Madras High Court to assign the habeas corpus petition of Balaji to a new bench for prompt resolution.
In an earlier ruling today, the Madras High Court division bench delivered a split verdict on Balaji’s petition.
Justices J Nisha Banu and D Bharatha Chakravarthy of the High Court issued the ruling in response to a habeas corpus petition filed by Balaji’s wife, challenging her husband’s alleged “illegal detention.” The division bench directed the registry to refer the matter to the Chief Justice of the High Court for its assignment to a three-judge bench.
During the proceedings, Solicitor General Tushar Mehta, representing the Enforcement Directorate, informed the Supreme Court bench that since the high court had delivered a split verdict, the matter should be transferred to the apex court for final adjudication. Senior advocate Kapil Sibal, appearing on behalf of Balaji, argued against Mehta’s request, stating that in cases of split verdicts, the matter is typically referred to a three-judge bench. The Supreme Court bench expressed its intention to request the high court to expedite the adjudication of the legal questions and scheduled the matter for further hearing on July 24.
On June 21, the Supreme Court had declined to stay a Madras High Court order allowing Balaji to be shifted to a private hospital for medical treatment, despite the Enforcement Directorate’s strong opposition. The ED had arrested Balaji in relation to an alleged cash-for-jobs scam in the state’s transport department and had filed an appeal in the Supreme Court against the Madras High Court’s decision. Balaji, 47, underwent successful coronary bypass surgery at a private hospital in Chennai on Wednesday and is reported to be in stable condition.
