New Delhi: The Supreme Court on Wednesday reserved its verdict on a batch of pleas filed by arrested Tamil Nadu Minister V. Senthil Balaji and his wife against the Madras High Court’s decision upholding the ED’s right to take the DMK leader into custody in connection with an alleged cash for jobs scandal.
A bench comprising Justices AS Bopanna and MM Sundresh reserved the judgment after hearing the both sides and refused to pass any interim direction relating to police remand sought by the Enforcement Directorate (ED).
Senior advocate Mukul Rohtagi, representing Balaji, argued before the court that judicial custody is the rule, while police custody is an exception. He said that after expiry of 15 days from arrest, an accused cannot be detained in police custody.
Earlier on July 27 during the hearing, Senior advocate Kapil Sibal said before the top court that the ED has been ‘abused enough’ and state governments led by opposition political parties have been toppled with the help of the central probe agency. This submission was opposed by Solicitor General Tushar Mehta, appearing for the ED, who termed the argument as ‘political’ and ‘emotive’
The Supreme Court on July 21 had issued notice on the petitions filed and sought response of the Enforcement Directorate on the pleas.
The top court had directed listing of the pleas after senior advocate Kapil Sibal mentioned the matter for urgent hearing. He had apprised the apex court that Balaji may be taken into police custody anytime and if the matter is not heard immediately, the petitions will become infructuous.
The minister and his wife approached the top court after a bench of Justice C.V. Karthikeyan of the high court, the third judge to whom the matter was referred, gave its ruling that the central agency has the right to arrest the legislator. It had said that if the agency can arrest, they can also seek custody as well.
Notably, the ED has also filed another petition before the top court challenging some observations made by the high court in its order.
The habeas corpus petition challenging arrest of Balaji by the Enforcement Directorate was heard by a three-judge bench on directions of the Supreme Court after a split verdict was pronounced by a division bench on the plea moved by the legislator’s wife.
In a split verdict delivered on July 4, Justice J. Nisha Banu termed the arrest of the minister illegal and ordered him to be set free with immediate effect, while Justice D. Bharatha Chakravarthy differed on the question of his “illegal” detention.
S. Megala, the wife of the arrested minister, had moved a petition before the high court assailing her husband’s arrest by the ED in connection with a cash-for-jobs scam that allegedly occurred during his tenure as the Transport Minister from 2011 to 2016 in the then AIADMK government.
In an interim direction passed on June 15, the High Court had ordered to transfer the minister from a government hospital, where he was under the custody of ED officials, to a private hospital. The ED had filed an appeal before the Supreme Court challenging this.
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