Tamil Nadu Minister Senthil Balaji Remanded To Judicial Custody Till June 28 In Money Laundering Case

The District Sessions Judge S Alli earlier visited Balaji at the hospital before deciding on his remand.

Following this, an application was filed by the Minister seeking bail or in the alternative "rejection" of the remand order. Senior Counsel NR Elango said that they had three prayers each in the alternative of another - firstly, to reject the judicial custody of Balaji, secondly for grant of interim bail and thirdly to transfer him to Cauvery Hospital for immediate treatment.

Elango submitted that the Enforcement Directorate Officials have acted in an "inhuman manner" and have put a nail on the democratic principles, human rights and all procedures known to law. He submitted that though the offence alleged had been committed in 2014, no steps were taken by the ED till now.

"Offence was in the year 2014. All these years, ED did not want to enquire or arrest. Now they want to arrest since elections are coming in 2024," Elango said.

He also submitted that while the interrogation lasted for around 18 hours, neither Balaji's family or friends nor advocates were allowed to meet him. He also questioned why search was conducted at the current chamber of the Minister when he was holding a different portfolio.

Elango also submitted that the arrest was not conducted as per procedure as the provisions under Section 41A was not followed.

"I hear the prosecutor saying that this provision is not applicable to ED. In Satendra Kumar case and other matters, SC has noted that non compliance would entitle the accused for bail. Thus, saying that ED is above 41A is unacceptable." he said.

He further submitted that neither the accused nor his family were informed about the reasons for the arrest. Pointing out to the current health situation of the Minister, wherein the doctors have recommended a bypass surgery, he pleaded the court to consider interim bail on medical grounds.

"I'm not talking about his Liberty now. I'm talking about his life. If he does not undergo immediate surgery, his life is in danger. Which is why I plead your honour to consider interim bail on medical grounds.," Elango argued.

The Enforcement Directorate represented by Additional Solicitor General ARL Sundaresan argued that they have complied with all the provisional requirements. It was submitted that they had informed the accused about his arrest and had called his brother and wife but they refused to accept phone calls. The court was also informed that email communications were sent informing about the arrest.

The ED also submitted that with respect to PMLA cases, a different yardstick has to be applied and bail cannot be granted till the twin conditions are satisfied. In the present case, it was submitted that such conditions are not satisfied. It was also submitted that since remand has already been granted considering all the objections, there is no question of rejecting remand and the same was now infructuous.

The ED also submitted that the court cannot not decide upon the bail till their petition seeking custody was heard. The court after hearing both the parties said it'll pass orders.