On the habeas corpus petition of arrested Tamil Nadu Minister V Senthil Balaji, a division bench of the Madras High Court on Tuesday delivered a split verdict.
The split verdict on the Habeas Corpus petition filed by Balaji's wife against her husband's "illegal detention" was delivered by Justices J Nisha Banu and D Bharatha Chakravarthy.
While Justice Nisha Banu set Balaji at liberty, the other judge disagreed with it.
The bench then directed the registry to place the matter before the Chief Justice for it to be referred to another bench.
The matter will now be heard by a larger bench of the High Court.
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About the split verdict
The habeas corpus plea filed for Balaji's release is maintainable and should be allowed, concluded Justice Nisha Banu. The ED is not entrusted to get police custody, she held.
However, disagreeing with this, Justice D Bharatha Chakravarthy, questioned whether a habeas corpus plea can be maintainable after a remand order.
Justice Chakravarthy also argued that no case was made out to show that Balaji's remand was illegal. As such, he held that the habeas corpus plea is liable to be dismissed.
Period of Balaji's stay at the hospital where he was being treated for chest pains, should be excluded from the ED custody period, added Justice Chakravarthy.
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He opined that the ED can move for custody again in ten days if Balaji is fit by then.
About the habeas corpus petition
Tamil Nadu Electricity Minister Senthil Balaji was arrested on June 14 by the ED in connection with a cash-for jobs-scam when he was the Tranpsort Minister in the earlier AIADMK regime.
Alleging her husband's detention to be illegal, Balaji's wife, S Megala, had filed the habeas corpus plea before the Court on June 14.
Appearing in the case, Senior Counsel NR Elango had argued that Balaji's arrest had come without prior notice and was illegal.
The charges are from the time when he was the transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.
This move followed after the Supreme Court, in a ruling passed on May 16, granted permission to the ED to continue its probe against Balaji.
By the said ruling, the Supreme Court also overturned a Madras High Court order that had instructed the State police to carry out a new investigation into the cash-for-jobs scam case.
