Supreme Court: In a Special Leave Petitions (‘SLP’) filed by Enforcement Directorate (‘ED’) against the judgment and order passed by the Madras High Court, wherein the Court allowed entertaining a habeas corpus petition filed against the arrest of Tamil Nadu Minister Senthil Balaji in cash for job scam case, the division bench of Surya Kant and M.M. Sundresh, JJ. has adjourned the matter as Madras High Court will be hearing the matter today.
The Court noted that the High Court is yet to render its final opinion on the following issues:-
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Maintainability of the habeas corpus petition.
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The exclusion of the period of treatment undergone by Senthil Balaji from the period of custodial interrogation.
The Bench said that, since both of these issues are likely to be examined by the High Court on a fixed date or soon thereafter, it is appropriate to post this SLP for further hearing. Further, the Court clarified that the pendency of this SLP shall not be taken as ground to adjourn the matter, pending adjudication before the High Court.
[The State v Megala, 2023 SCC OnLine SC 744, Order dated 21-06-2023]
Advocates who appeared in this case :
For Petitioner: Solicitor General Tushar Mehta, Advocate Zoheb Hussain, Advocate Rajan Kumar Chourasia, Advocate Swati Ghildiyal, Advocate Shantnu Sharma, Advocate Kshitiz Aggarwal, Advocate Vinayak Sharma, Advocate-On-Record Mukesh Kumar Maroria;
For Respondents: Senior Advocate Neeraj Kishan Kaul, Senior Advocate Devadatt Kamat, Advocate-On-Record Arjun Garg, Advocate S. Mahesh, Advocate K.M. Arun, Advocate N. Bharani Kumar, Advocate Revanta Solanki, Advocate Aakash Nandolia, Senior Advocate Vikram Chaudhry, Advocate-On-Record Misha Rohatgi, Advocate Nakul Mohta, Advocate Bharat Monga, Advocate Riya Dhingra, Advocate K. M. Arun, Advocate N. Bharani.
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