Madras High Court: The division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict in the habeas corpus plea filed by wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED’) for money laundering in cash for job scam case. Further, placed the matter before the Chief Justice for further orders.
On the maintainability of the Habeas Corpus petition, J Nisha Banu, J. said that the ED is not entrusted with the powers to seek police custody under the Prevention of Money Laundering Act. The Court also dismissed the application, wherein the ED was seeking to exclude the period of treatment undergone by Senthil Balaji, while calculating the period for custody.
Per Contra, Bharatha Chakravarthy, J. held that the habeas corpus petition is not maintainable, as the petitioner was not able to show that the remand was illegal. As per him, it was in the interest of Senthil Balaji that he has not been in ED’s custody for even a day, as he has been undergoing treatment from the day of the arrest. Thus, Bharatha Chakravarthy, J. has excluded the period of treatment undergone by Balaji while calculating the period for custody.
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Source: Press
