balaji: Senthil Balaji HCP: Arguments to commence before third judge on Jul 11

The Madras High Court will hear the Habeas Corpus Petition filed by the arrested wife of Tamil Nadu Minister V Senthil Balaji from July 11, when a third judge will conduct the hearing following the verdict of a division bench earlier in the matter. Justice CV Karthikeyan, named as the third judge to hear the HCP, passed the order on Friday to start the arguments from July 11.

Earlier, the Enforcement Directorate had prepared a chart in a tabular form showing the difference of opinion between the two judges– Justices J Nisha Banu and D Bharatha Chakravarthy who gave a split verdict, and sent the same to the counsel of Balaji and the court.

In his order, the judge said the court had to try the difference of opinion expressed by the two judges ie whether the Enforcement Directorate had the powers to seek police custody and whether the HCP was retained after the detenu was returned to the custody of the judicial.

This court also has to examine whether the period of police custody can be extended beyond the period of 15 days from the date of initial remand, the judge added.

The court said the Sessions Judge should continue the remand after the expiry of its current period.

When the case came up for hearing on Friday, the ED made three differences of opinion between the two judges. Senior counsel NR Elango appearing for Balaji also produced another chart adding two more differences of opinion. However, India’s Solicitor General Tushar Mehta also opposed it. When the judge said he would begin the HCP hearing on Saturday, Elango said Senior Counsel Kabil Sibal was appearing for the petitioner. Due to personal busyness, he will not be able to come to Chennai to defend the matter on Saturday but will be here on July 11 to defend the matter. However, Solicitor General Tushar Mehta said that a Constitutional Bench is hearing a case on July 11 and his presence is required in the Supreme Court and if the court permits he will argue this case the next day.

The judge said to let the Senior Counsel for the petitioner begin his arguments on July 11.

Meanwhile, the first bench comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu adjourned for a week, hearing a PIL that sought to quash the order passed by Tamil Nadu Governor RN Ravi sacking Balaji from the cabinet state and his stay in abeyance later.

The court also adjourned for a week another petition, which asked under what authority Senthil Balaji held the post of a Minister.

Balaji was arrested on June 14 by the ED in a cash for jobs scam when he was Transport minister in the previous AIADMK regime. He was in hospital and underwent a coronary bypass surgery and became a minister without portfolio.