A two-judge bench of the Madras High Court on Tuesday delivered a split verdict in habeas corpus plea filed by Megala, wife of arrested Tamil Nadu minister V Senthil Balaji, challenging her husband’s arrest by the Enforcement Directorate in a case of money laundering under the Prevention of Money Laundering Act.
While Justice J Nisha Banu held the plea as maintainable, holding that the ED is not entrusted with powers to seek police custody under the PMLA, Justice Bharatha Chakravarthy differed from the opinion and observed that the habeas corpus petition is not maintainable until the petitioner can prove that the remand was illegal.
According to Live Law, the bench said that the matter will be placed before the Chief Justice for further orders.
Balaji’s wife Megala filed the habeas corpus petition contending that the ED violated Balaji’s fundamental and statutory rights and in violation of Section 41 CrPC and Article 22 of the Constitution.
The plea also argues that the PMLA does not give ED the powers of police and hence, the ED cannot seek police custody of the accused. Solicitor General Tushar Mehta and others, however, argued that since the trial court had not held the custody to be illegal, the High Court could not interfere in the order by way of a habeas corpus petition.