SC to hear tomorrow plea of TN Minister Senthil Balaji against Madras HC order allowing ED custody

New Delhi [India], July 20 : The Supreme Court on Thursday agreed to hear on Friday the plea of Tamil Nadu Minister V Senthil Balaji and his wife challenging the Madras High Court's judgment order which held his arrest by the Enforcement Directorate (ED) in the money laundering case legal.
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra said it would hear the appeal against the High Court order on Friday. 
Senior advocate Kapil Sibal, appearing for Balaji, mentioned the matter for an urgent hearing.
"There was a difference in opinion in Madras High Court. It went to a third judge and the matter will become infructuous if it is not heard immediately because then he will be taken in police custody,” Sibal said.
Solicitor General Tushar Mehta appearing for the government said that the government has also filed SLP in the matter, which can be heard on Monday.
“The apprehension is that he will be taken into police custody...We will keep it tomorrow,” the bench said.
The Madras High Court on July 14 held legal the ED’s arrest of Balaji and subsequent judicial custody granted by a lower court on money laundering charges linked to the cash-for-jobs scam. The High Court order came on the habeas corpus petition filed by Megala, wife of Senthil Balaji.
The High Court found the habeas corpus plea not maintainable in law.
It further clarified that time spent by Balaji under medical treatment in a private hospital would be excluded from the period of custody allowed to the ED.
The ED arrested Senthil Balaji last month in connection with the cash-for-jobs scam in the state's transport department, and he continues to be a Minister without portfolio.
The ED had approached the apex court contending that the Madras High Court erred in entertaining a habeas corpus petition filed by Balaji's wife and allowing him to be moved to a private hospital in Chennai from the government hospital following his arrest by the ED.
After a division bench of the Madras High Court gave a split verdict on the habeas corpus plea filed by wife Balaji for his release in a case registered by ED, the Supreme Court asked the Chief Justice of the High Court to place the matter before the three-judge bench at the earliest.
The Minister for Electricity as well as Prohibition and Excise, Balaji, was arrested on June 14 and admitted to a government hospital in Chennai after he complained of chest pain. He was allowed by the Madras High Court on June 15 to be shifted to a private hospital of his choice.
He was later taken from the Tamil Nadu government Multi Super Speciality Hospital to Kauvery Hospital at Alwarpet. Doctors attending to him have recommended bypass surgery.
The interim order of the High Court was passed on a habeas corpus petition filed by the Minister’s wife, who accused probe agency officials of not having followed due procedures, such as intimating the grounds of arrest, under the Code of Criminal Procedure (CrPC).
His wife wanted the arrest itself to be declared illegal for the ED’s failure to comply with the legal procedures.
The ED had arrested Balaji in connection with an Enforcement Case Information Register (ECIR) filed under the Prevention of Money Laundering Act in 2021.
The ECIR was registered on the basis of three FIRs lodged against him by the local police in 2018 for his alleged involvement in a cash-for-job case when he was the Transport Minister in Jayalalithaa’s Cabinet in 2015.
The charges date back to his tenure as transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.
He joined the Dravida Munnetra Kazhagam (DMK) in December 2018 and assumed office as the Electricity Minister after the party came to power in May 2021.