Madras High Court To Take Up Habeas Corpus Plea Against Senthil Balaji’s Arrest On Friday

Update: 2023-07-06 14:46 GMT
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Following a split verdict in the habeas corpus plea challenging Tamil Nadu Minister Senthil Balaji's arrest by Enforcement Directorate, the Madras High Court will take up the matter on Friday. However, the court is unlikely to begin hearing of arguments on Friday as it today suggested that the matter could be posted on Saturday.A bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy...

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Following a split verdict in the habeas corpus plea challenging Tamil Nadu Minister Senthil Balaji's arrest by Enforcement Directorate, the Madras High Court will take up the matter on Friday. However, the court is unlikely to begin hearing of arguments on Friday as it today suggested that the matter could be posted on Saturday.

A bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy on July 04 gave a split verdict in the case with Justice Banu observing that the petition was maintainable and that ED was not entitled to seek police custody, and Justice Bharatha Chakravarthy ruling that Balaji's arrest did not amount to illegal detention. Following the split verdict, the Chief Justice listed the matter before Justice CV Karthikeyan.

The bench of Justice CV Karthikeyan on Thursday said judges of the division bench were required to point out the issues on which they differed but since the same have not been noted down, it will have to first frame the points of difference.

However, Solicitor General Tushar Mehta informed the court that the ED has already tabulated the differenced for the court’s convenience. Justice Karthikeyan then asked the SG to circulate the same to all the parties and posted the matter to Friday for getting a clarity on the issue.

When Mehta submitted that every day’s delay will be in conflict with the public interest, Justice Karthikeyan said it is bound by the Supreme Court’s directions for an early decision.

Following the split verdict, the Supreme Court had requested the Madras High Court Chief Justice to place the habeas corpus petition filed by Senthil Balaji's wife Megala before a bench at the earliest for an expeditious decision. The apex court has adjourned the hearing in a set of appeals preferred by the Enforcement Directorate against orders of the Madras High Court.

Meanwhile, Justice Karthikeyan also directed the ED to produce the records of the case for the courts perusal to determine the exact time of arrest and such other particulars. 

Case Title: Megala v State

Case No HCP 1021 of 2023

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