 violated legal procedures and constitutional safeguards in arresting Tamil Nadu Electricity Minister V. Senthil Balaji, the Counsel appearing for the Minister told the Madras High Court on Thursday. ){kind=link}
The Enforcement Directorate (ED) violated legal procedures and constitutional safeguards in arresting Tamil Nadu Electricity Minister V. Senthil Balaji, the Counsel appearing for the Minister told the Madras High Court on Thursday.
Appearing before the Bench of Justice Nisha Banu and Justice D. Bharatha Chakravarthy, Senior Advocate N.R. Elango argued that Balaji’s arrest by ED was ‘illegal’ and in ‘breach’ of his fundamental rights.
As per the counsel, the national agency had admitted to not having issued any notice to the Minister prior to his arrest and hence, there was an admitted breach of Section 41 of the Code of Criminal Procedure (CrPC).
The Senior Advocate made submissions on a Habeas Corpus petition filed by Balaji’s wife, S Megala, following his arrest.
Elango pointed out that the Sessions Court had committed a ‘grave’ illegality in permitting request by the national agency for custodial interrogation of the leader, even though the High Court had already clarified that the Minister was to remain in judicial custody.
Questioning the maintainability of the Habeas Corpus, Solicitor General Tushar Mehta, representing the investigating agency, contended that the petition had been filed after the order of the remand and hence, was not maintainable.
Citing the Supreme Court order in the Gautam Navlakha case, the Counsel representing Balaji pointed out that the High Court could use its discretion to admit a Habeas Corpus petition even at the present stage.
He alleged that ED acted in a mala fide manner because even though the Minister had been fully cooperating with the probe agency, it arrested him without following the due process.
Elango further apprised the Bench that the agency was yet to submit the details of what transpired between the Minister and the ED sleuths during his custody from June 13 to June 14. The agency did not furnish the details even to the High Court, he added.
The national agency will submit its arguments in the case on June 27.