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The facility will be expanded to include all courtrooms and adjoining areas, Bar Library-I & II, the Ladies’ Barroom and the Bar Lounge in a phased manner (File Photo/Reuters)
The Council of Justices also told Surya Kant and Dipankar Datta, Chief Justice of the Madras High Court that Balaji’s petition should be decided by the new court expeditiously.
The Supreme Court on Tuesday asked the Madras High Court to file a writ of habeas corpus petition for the suspended Tamil Nadu Minister V.P. Senthil Balaji will appear before three judges “as soon as possible” in light of the split ruling delivered earlier in the day.
The bench of Justices Surya Kant and Dipankar Datta, Chief Justice of the Madras High Court also informed that Balaji’s petition should be decided by the new court expeditiously.
Earlier on Tuesday, the panel of Madras High Court Judges G Nisha Banu and D Bharata Chakravarthy delivered the split verdict in the habeas corpus petition filed by Balaji’s wife against the “unlawful detention of her husband”.
The Supreme Court panel also directed the Registry to present the case to the President of the Court to appoint it to a panel of three judges.
Initially, Advocate General Tushar Mehta, who is representing the Enforcement Directorate, told the Supreme Court bench that since the Supreme Court issued a separate judgment, the case is referred to the Supreme Court for final adjudication.
My difficulty is that there will be tampering with evidence every day. There is pure legal question and there is no argument in any of the facts. The only question, Mehta said, is whether a writ of habeas corpus can be petitioned for judicial remand.
He added that this is a case of an influential person and the damage, if it occurs, will be irreversible.
Prominent lawyer Kapil Sibal, who is representing Balaji, said that after a divided verdict by a judicial panel, the case is being presented to a three-judge panel and opposed Mehta’s request.
He questioned how the Supreme Court could be bypassed, adding, “There is a difference of opinion between two judges on an issue and the natural outcome is that it will go to a three-judge panel.” Sibal said that under the current circumstances, the court cannot direct the case to the Supreme Court.
The bench said it would ask the Supreme Court to rule on legal issues as soon as possible and brought the matter to another hearing on July 24. She added, “This is a matter of legality. We will decide that and if there is an opinion of three judges, it will only help us.” On 21 June, in relief to Balaji, the Supreme Court refused to suspend the Madras High Court order allowing his transfer to a private hospital for treatment despite an enthusiastic request by the Enforcement Directorate.
The ED, which arrested Balaji in connection with an alleged scam of money for jobs in the state transportation department, moved the Supreme Court against the Supreme Court’s order.
Balaji, 47, underwent coronary artery bypass surgery at a private hospital in Chennai after his arrest and is said to be doing well.
The Supreme Court’s leave panel headed by Justice Surya Kant noted that the habeas corpus petition filed by Balaji’s wife against his “unlawful” arrest was still pending in the Supreme Court and asked the EM to approach her.
She had indicated that the Supreme Court had not yet issued its final ruling on the possibility of maintaining the habeas corpus petition and the emergency conviction request excluding Balaji’s hospital stay from the period of pre-trial detention granted by the Court of First Instance for interrogation in custody.
Balaji, the then Minister for Electricity, Prohibition and Excise of Tamil Nadu, was arrested on 14 June under the Prevention of Money Laundering Act (PMLA) in an alleged money-for-jobs scam that occurred when he was the Transport Minister in the AIADMK government led by Jayalalithaa.
The Supreme Court had earlier issued a temporary order to transfer the minister to a private hospital after his wife filed a habeas corpus petition.
In its petition to the Supreme Court, the EM said the Supreme Court erroneously considered the habeas corpus petition and claimed it could not be maintained because a court order had already been issued for Balaji to be held in the custody of the Federal Money Laundering Agency.
On June 15, the Supreme Council allowed the minister, who was undergoing treatment in a government hospital after his arrest, to move to a private facility.
It also issued a Notice to the Emergency Department on the main petition of Balaji’s “unlawful” arrest and published the order on 22 June.
The Supreme Court said Balaji would remain in judicial detention and allowed the investigation agency to have its own team of doctors to examine the minister.
(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)
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