The Madras High Court on Tuesday delivered a break up verdict on the Habeas Corpus plea filed by the spouse of Tamil Nadu minister Senthil Balaji towards his arrest by the Enforcement Directorate final month in reference to a money-laundering case.
The plea will now be referred to a bigger bench. The break up verdict was delivered by a division bench of Justices Nisha Banu and D Bharatha Chakravarthy. While Nisha Banu concluded that the habeas corpus plea filed for Balaji’s launch is maintainable and due to this fact be allowed, Justice D Bharatha Chakravarthy mentioned he couldn’t agree with the opinion.
According to the lawyer for petitioner NR Elango that due to the break up verdict the established order continues.
“As of now, the status quo continues because of the split verdict. One of the judges accepted our plea that ED has no power to seek Police custody…It has been held by one of the judges that it is a case of illegal arrest..,” mentioned senior advocate and DMK Rajya Sabha MP Elango.
Senthil Balaji was arrested by the Enforcement Directorate (ED) in reference to a cash laundering case.
Balaji’s spouse, S Megala, had filed a habeas corpus plea towards the minister’s arrest earlier than the High Court on June 14.
Justice Nisha Banu was of the opinion that the ED will not be entrusted with powers to hunt police custody beneath the Prevention of Mondy Laundering Act (PMLA).
Senior Counsel NR Elango’s argument within the courtroom was that Balaji’s arrest had come with out prior discover and therefore it was unlawful.
“The procedure adopted by Enforcement Directorate is totally illegal and unconstitutional. He was taken into custody by ED without informing him of the grounds of his arrest. We will fight this case legally,” Elango had informed reporters on June 14.
The Supreme Court, earlier in June, refused to intrude with the Madras High Court order permitting Balaji to be moved to a personal hospital in Chennai and entertaining a habeas corpus petition filed towards his arrest.
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