Tamil Nadu Minister V. Senthilbalaji on July 18 appealed the Supreme Court against a Madras High Court decision that a court order for his remand in money laundering charges linked to the cash-for-jobs scam will prevail over a habeas corpus petition filed by his wife, Megala.
The High Court had found the habeas corpus plea not maintainable in law.
The High Court had further clarified that the time spent by Mr. Senthilbalaji, represented by advocate Amit Anand Tiwari, under medical treatment in a private hospital would be excluded from the period of custody allowed to the Enforcement Directorate (ED).
The order has revived the central investigative agency’s power to subject Mr. Senthilbalaji to interrogation as soon as he comes out of the hospital.
The ruling by a third judge, Justice C.V. Karthikeyan, followed a split verdict given by a Division Bench of the High Court.
The ED had asked the Supreme Court to intervene after the split verdict. However, the apex court, on July 4, refused while requesting the High Court Chief Justice to expeditiously constitute a larger Bench. Justice Karthikeyan was assigned as the third judge, and the verdict against the Minister was pronounced on July 14.
The Supreme Court had on June 21 left it entirely to the Madras High Court to decide whether the Tamil Nadu Minister’s move to a private hospital thwarted the central agency’s “right to remand” and interrogate him on the money-laundering charges.
The Enforcement Directorate (ED) had at the time approached the apex court against the Madras High Court’s decision to entertain the habeas corpus petition filed by Mr. Senthilbalaji’s wife the very next day after he was arrested and remanded to police custody on June 14.
The central agency had alleged that the High Court allowed Mr. Senthilbalaji to be shifted to a private hospital, denying the ED its right to custodial interrogation.
Earlier on May 16, the apex court had paved the way for the investigation to continue against Mr. Senthilbalaji, who is accused of taking bribes in exchange for jobs in the Metro Transport Corporation (MTC).
The top court had set aside a Madras High Court order of October 31 last year, directing de novo or fresh investigation against the Minister. The apex court had directed the investigation to be wrapped up in two months.
The judgment, authored by Justice V. Ramasubramanian (since retired), had also given the green signal for initiation of proceedings by the Enforcement Directorate in related money laundering charges against the Minister. The judgment in May had eventually led to the arrest of the Minister.
