Tamil Nadu Minister Senthilbalaji’s Habeas Corpus Petition Dismissed by Madras HC

New Delhi, July 14, 2023: In a significant blow to arrested Tamil Nadu Minister V. Senthilbalaji, the Madras High Court ruled on Friday that the habeas corpus petition (HCP) filed by his wife, Megala, is not maintainable.

Justice C.V. Karthikeyan, the third judge appointed by Chief Justice S.V. Gangapurwala after a split verdict by a Division Bench on July 4, held that the Directorate of Enforcement (ED) has the authority to subject an accused person in a money laundering case to custodial interrogation.

Justice Karthikeyan concluded that the HCP filed by the Minister’s wife lacks merit and that the ED can continue to subject the Minister to custodial interrogation even after the expiry of 15 days from his arrest. The petition alleged that the ED did not follow due procedure during Senthilbalaji’s arrest.

Contrary to the decision of Justice J. Nisha Banu from the Division Bench, Justice Karthikeyan aligned with the conclusions of Justice D. Bharatha Chakravarthy. The case has been referred back to the Division Bench to determine the timing of the ED’s custody of the Minister.

In his dissenting opinion, Justice Chakravarthy cited various Supreme Court verdicts, emphasizing that an HCP can only be entertained in cases of absolute illegality, lack of jurisdiction, or wholesale disregard to fundamental rights. As per the ED’s statement, no such exceptional circumstances arose in Senthilbalaji’s case, as the Minister had refused to receive the grounds of arrest despite clear details of the money laundering charges against him.

Minister Senthilbalaji was arrested on June 14, 2023, in connection with a cash-for-jobs scam that occurred during his tenure as the Minister for Transport from 2011 to 2015. Following 18 hours of questioning by the ED, he complained of chest pain and was subsequently admitted to the Tamil Nadu Government Multi Super Speciality Hospital. Later, he underwent coronary bypass surgery on June 21, 2023, after being transferred to a private hospital with court permission.