T.N. Minister Senthilbalaji’s arrest | Madras High Court delivers split verdict on legality of arrest, case to be heard by a third judge

Tamil Nadu Minister V. Senthilbalaji was arrested by the Enforcement Directorate on June 14, 2023
| Photo Credit: JOTHI RAMALINGAM B

The Madras High Court on Tuesday delivered a split verdict on a habeas corpus petition (HCP) filed by the wife of Minister V. Senthilbalaji who was arrested by the Directorate of Enforcement (ED) on June 14, 2023, in a money laundering case and remains in a private hospital now, under judicial custody.

While Justice J. Nisha Banu declared the Minister’s arrest to be illegal and ordered him to be set at liberty forthwith, Justice D. Bharatha Chakravarthy differed with the view taken by the senior judge in the Division Bench. Therefore, the case will now be heard by a third judge, who will be named by Chief Justice S.V. Gangapurwala.

The habeas corpus petition (HCP) had evoked great anxiety over the fate of the arrested Minister. The HCP was filed by the Minister’s wife and had questioned the arrest itself, contending that the ED had failed to follow the procedures at the time of the arrest and therefore, the arrest must be declared illegal and her husband must be set at liberty.

On the other hand, the ED had argued that the arrest was perfectly legal. Passing interim orders in the case on June 15, the two judges had ordered the transfer of the arrested Minister from a government hospital to a private hospital where he underwent an open heart surgery to remove blocks in his coronary arteries.

As of July 4, 2023, the Minister continues to be at the private hospital in Chennai but under judicial custody. In the meantime, the appeals preferred by the ED against the interim orders of the High Court have also been listed for hearing before the Supreme Court on Tuesday, July 4, 2023.