Madras High Court delivers split verdict in Senthil Balaji case

Justices J Nisha Banu and D Bharatha Chakravarthy gave the ruling on the HCP filed by Balaji's wife against her husband's 'illegal detention'.

Arrested Tamil Nadu Minister V Senthil Balaji failed to get any relief from the Madras High Court on Tuesday with a division bench delivering a split verdict in a habeas corpus petition filed by his wife against the arrest by Enforcement Directorate (ED) in a money laundering case.

Senthil Balaji, who is now a minister without portfolio in Chief Minister M K Stalin’s cabinet, was arrested by the ED on June 14 in a cash-for-job scam during his 2011-2015 tenure as Transport Minister in the then AIADMK Cabinet led by J Jayalalithaa.

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However, Balaji complained of chest pain following which he was admitted to the Government Omandurar Hospital here. Days later, the minister underwent a by-pass heart surgery at a private hospital, where he is recuperating now.

In her verdict, Justice J Nisha Banu said the habeas corpus petition filed by Balaji’s wife Megala is maintainable and declared his immediate release from judicial custody. However, justice D Bharatha Chakravarthy said he couldn’t agree with his senior judge, while maintaining that there was no case made out to show that Balaji’s arrest by the ED was illegal.

Since the judges delivered a split verdict, the matter has now been referred to Chief Justice Sanjay Vijaykumar Gangapurwala for appointment of a third judge to hear the case. Senior counsel and Rajya Sabha MP N R Elango, who appeared for Balaji’s wife, said status quo remains in the case as the court delivered a split verdict.

Balaji’s arrest by the ED also led to a major political controversy in Tamil Nadu with Governor R N Ravi "dismissing" him from the Council of Ministers, only to put on abeyance his decision within a few hours. Stalin, while "disregarding" the communication from Governor, said only the CM has the right to induct or dismiss a minister.