Chennai, July 25 (BPNS)
In a major setback to the Directorate of Enforcement (ED), the Madras High Court refused to pass any further order providing custody of the Tamil Nadu minister Senthil Balaji with the premier investigating agency of the country.
Madras High Court division bench comprising of Justices J Nisha Banu and Bharatha Chakravarthy in the order on Tuesday said, “ The appeals moved against the order are pending before the Supreme Court, so nothing more needs to be stated by us.”
When the case came before the bench, Justice Nisha Banu said that she stands by her judgment of July 4 and that she does not have anything further to stay in this matter. Solicitor Thushar Mehta who appeared for the ED said the matter had been sent back to the bench only to decide on the date of custody.
Justice Nisha Banu however said that she cannot decide the date and that she stand by the her judgment of setting the minister free.
It may be recalled that a split verdict was passed by the Madras High Court division bench on the validity of the minister’s arrest by the ED. While Justice Nisha Banu did not approve of the arrest by ED, Justice Bharatha Chakravarthy confirmed the arrest. A third judge was appointed to hear the case further and Justice Karthikeyan concurred with Justice Bharatha Chakravarthy and confirmed the validity of the arrest.
Senior Counsel R. Elango representing Senthil Balaji’s wife submitted that the matter can be argued before the Supreme Court.
The division bench closed the petition stating that the Supreme Court would decide on the further course of action in the case.
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