SC refuses to intervene in Madras HC decision on Senthil Balaji's arrest

The SC bench also said that any order by it would prevent the High Court from rendering a judgement after considering all the issues.

The Supreme Court on Wednesday refused to intervene for now with the Madras High Court's decision to consider a habeas corpus plea questioning arrest of Tamil Nadu Minister V Senthil Balaji in connection with a money laundering case in an alleged cash-for-job scam.

The top court said the High Courts are robus institutions and are constitutional courts and it has got no reasons to doubt the latter's ability to examine the matter on June 22 on merits, including on the issue of police custody.

A vacation bench of Justices Surya Kant and M M Sundresh asked Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, to go back and argue the matter on merits before the High Court, where the matter is coming up on Thursday.

Read | Tamil Nadu minister Senthil Balaji undergoes bypass surgery at Chennai hospital

Mehta contended that the High Court has created a wrong precedent by entertaining a habeas corpus petition filed by Balaji’s wife challenging the minister’s arrest by ED on June 14. This was against the Supreme Court's judgements, he said, asking if ever a common man would get benefit of such orders from the courts.

"The High Court has not only entertained the petition but also issued some orders for shifting him to a private hospital. The High Court had to necessarily decide first whether a habeas corpus petition can ever be maintainable against an order of arrest and an order of remand by a court,” Mehta submitted.

The bench, however, said that the High Court, on June 15, had itself set about to examine whether a habeas corpus petition can be maintainable and therefore, there is no reason to prevent the high court from deciding the issue.

The bench also said that any order by it would prevent the High Court from rendering a judgement after considering all the issues.

"Nobody can deprive you of your right to get the remand of a person whose bail has been declined. It is only a question of timing. The only question is that whether the remand should wait until the person who is undergoing some treatment is fit to be interrogated. We are confident that the High Court will consider everything and pass an order,” the bench told Mehta.

The Solicitor General also submitted the period of 15 days under the law for custodial interrogation would not be affected due to the hospitalisation of Balaji.

On this, the bench said the investigating agency can't be deprived of its statutory right.

"Today is not the stage to say it. To say it will mean we don’t trust our own institutions. Wait for that situation to come. You have made out a case and we will examine it. We are keeping your petitions pending here. Whichever way the High Court decides, one or the other side will approach this Court and we can then decide it,” the bench said.

Senior advocate Neeraj Kishan Kaul, appearing for Balaji and his wife, contended it was unfortunate that the Enforcement Directorate claimed that he had feigned illness.

Read | Supreme Court refuses to stay Madras High Court order allowing shifting of Senthil Balaji to private hospital

On Wednesday, Balaji underwent a coronary artery bypass at Chennai’s Kauvery Hospital.

The top court posted the matter for consideration on July 4 after noting that the High Court is yet to render its final judgement on maintainability of habeas corpus petition and the exclusion of the period of treatment undergone by Balaji from the period of custodial interrogation.

It clarified that the High Court should decide the matter on merits unaffected by the pendency of the matter before the Supreme Court.