The habeas corpus petition filed by Senthil Balaji’s wife, Megala, is currently being heard in the Madras High Court. Balaji, who is a Tamil Nadu minister, was arrested on June 14 by the Enforcement Directorate in a cash-for-jobs scam.
Solicitor General (SG), Tushar Mehta, who appeared on behalf of the Enforcement Directorate, argued that the petition filed by Balaji’s wife was not maintainable. Mehta stated that there is no Criminal Procedure Code (CrPC) provision that requires the grounds for arrest to be reduced to writing. He further argued that as per Section 19 of the Prevention of Money Laundering Act (PMLA), the authority can arrest a person if they believe the person is guilty of an offence under the act.
Mehta also cited Section 65 of the PMLA, which states that the provisions of the CrPC apply with respect to arrest in so far as they are not inconsistent with the provisions of the PMLA. He added that Section 71 of the PMLA is not inconsistent with Section 167 of CrPC, and hence, they have the right to seek a judicial remand after Balaji’s arrest.
During the hearing, Senior Counsel NR Elango responded to the additional counter of the Enforcement Directorate and cited Supreme Court judgments, including Navlakha case orders. Elango argued that the power of the Enforcement Directorate to subject an accused to custodial interrogation is not established, and they do not have any such power.
In her affidavit, Balaji’s wife accused state Bharatiya Janata Party chief K Annamalai of nursing a grudge against her husband. S Megala further submitted that Annamalai perceived her husband to be a direct threat in the political arena.
Balaji was the Minister for Electricity, as well as Prohibition and Excise. On June 14, he was arrested and admitted to a government hospital in Chennai after he complained of chest pain. The Madras High Court allowed him to be shifted to a private hospital of his choice.
In conclusion, the Madras High Court is currently hearing the habeas corpus petition filed by Balaji’s wife. The Enforcement Directorate argued that the petition is not maintainable as there is no CrPC provision that requires grounds for arrest to be reduced to writing. Balaji’s wife accused K Annamalai of nursing a grudge against her husband. The case is ongoing, and more developments are expected to surface soon.
