Tamil Nadu: Justice CV Karthikeyan To Hear Senthil Balaji Habeas Corpus Plea Tomorrow

Justice CV Karthikeyan who was named as the third judge by Madras High Court Chief Justice SV Gangapurwala to hear the habeas corpus plea filed by Senthil Balaji's wife Megala, heard the case this afternoon.

He said that the hearing could proceed only when he had framed the points of difference between the two judges.

Solicitor General Tushar Mehta who appeared for the Enforcement Directorate (ED) said that it had tabulated the differences. Justice Karthikeyan ordered it to be shared with Megala's counsel, NR Elango.

He also said that he would like to peruse through the case records.

Regarding the next hearing, Justice Karthikeyan said that he would hear the matter tomorrow (7 July) to frame the points of difference.

The hearing after that could be on Saturday (8 July), subject to permission from the Chief Justice, he said.

The hearing by a third judge was necessitated after the Madras High Court bench of Justices J Nisha Banu and D Bharatha Chakravarthy delivered a split verdict.

The Supreme Court had on 4 July ordered the Chief Justice of the Madras High Court to place the matter before a third judge as soon as possible. It added that unless decided otherwise by the Court, Balaji would continue to remain in judicial custody.

The Supreme Court would hear the matter again on 24 July.

While Justice Banu had held the plea to be maintainable and set Balaji at liberty saying that the ED had not followed the legal procedures, Justice Chakravarthy differed.

To know in detail about what the judges said, please see here.

Chennai Principal Sessions court judge S Alli on 28 June extended Senthil Balaji's period under judicial custody till 12 July. He was produced before the court via video-conference from Kauvery Hospital, where he is recovering after undergoing bypass surgery.

In a counter-affidavit filed a couple of days back, the ED had contended that it had followed all procedures during his arrest.

The ED's eight-day custody of Senthil Balaji ended on 23 June.

Megala, in her additional affidavit has said that Bharatiya Janata Party (BJP) state president K Annamalai had a grudge against her husband due to political rivalry.

The Court yesterday heard Public Interest Litigations (PILs) challenging the continuation of Senthil Balaji in the state cabinet as a minister without portfolio in spite of being in judicial custody. The matter would be taken up again on 7 July.

According to media reports, doctors have stated that Balaji needs to remain under observation for around 20 days.

Meanwhile, the Income Tax department conducted searches at places connected to Balaji and his brother Ashok Kumar in Karur. The searches are also being conducted in places that were sealed during the raids conducted few weeks ago.

Kumar has been summoned by the ED but he is yet to appear before it.

Earlier, the Madras High Court adjourned to 27 June, the hearing on the ED's challenge to the habeas corpus plea filed by Senthil Balaji's wife and its request to the Court not to count the period spent in hospital as time spent in custody of the agency as it has been unable to question him.

It had argued that the arrest was legal and remand was obtained from a lower court and so the habeas corpus plea was not maintainable.

The Court heard the arguments made by Advocate NR Elango on behalf of Balaji's wife. The Solicitor General's arguments would be heard on 27 June.

All India Anna Dravida Munnetra Kazhagam (AIADMK) leader D Jayakumar's son Jayavardhan has moved a petition in the Madras High Court seeking a writ of quo warranto against Balaji regarding his continuation as a minister in spite of being in judicial custody.

The Income Tax department has filed an appeal in the Madras High Court against the bail given to those accused of assaulting its officers when they conducted searches in Karur.

Yesterday (21 June), the AIADMK held protests at all district headquarters demanding the removal of Balaji from the Cabinet. He is currently a minister without portfolio.

The ED through Solicitor General Tushar Mehta had argued the same before the Supreme Court yesterday (21 June). The bench of Justices Surya Kant and MM Sundresh did not pass directions and asked Mehta to argue the same before the High Court first. It adjourned the matter to 4 July.

Senthil Balaji's heart surgery was completed yesterday (21 June).

On 16 June, the Chennai Principal Sessions Court granted 8 days custody of Senthil Balaji to the ED. He would have to be questioned in the hospital and must be produced before the court via video conferene on 23 June, said the court.

According to a press release by the Raj Bhavan, Governor RN Ravi has agreed to reallocate Senthil Balaji's portfolios to Thangam Thennarasu and S Muthusamy as requested by Chief Minister MK Stalin.

While Thennarasu would get additional charge of Electricity, Muthusamy would be get additional charge of Excise and Prohibition.

With regards to Balaji, the press release says, "However, the Hon'ble Governor has not agreed Thiru V Senthilbalaji continuing any longer as a Member of the Council of Ministers, as he is facing criminal proceedings for moral turpitude and is currently in Judicial custody."

Earlier, Higher Education Minister K Ponmudy had said that in his reply to Chief Minister Stalin's letter requesting for reallocation of portfolios, Governor Ravi said that the reasons cited were 'misleading and incorrect.' Chief Minister Stalin is believed to have mentioned 'health' as the reason.

A panel of doctors from the All India Institute of Medical Sciences (AIIMS) is likely to examine Senthil Balaji at the Kauvery Hospital today (16 June), reported News 18.

The privately owned Kauvery Hospital has issued a medical bulletin this morning (16 June) saying that Senthil Balaji has been advised Coronary Artery Bypass Graft (CABG) surgery soon and doctors were conducting tests to ascertain his fitness for the same.

Balaji was shifted to the Kauvery Hospital last night after the Madras High Court allowed the plea. While in the hospital, he would continue to remain under judicial custody and a panel of doctors constituted by the Enforcement Directorate (ED) would be allowed to visit him, the bench said.

It added that the duration of stay in the hospital will be excluded while considering the ED's plea for custody.

The other part of the plea dealing with the nature of arrest (which Balaji's counsel has termed 'illegal'), would be taken up on 22 June.

The same surgery was advised by doctors at the state government run Omandurar Hospital, where Balaji was initially admitted after being arrested by the Enforcement Directorate (ED).

The Income Tax department has filed an appeal in the Madurai bench of the Madras High Court against the bail granted to those accused of assaulting the department's officers. Summons have been served to his brother Ashok, sister-in-law Nirmala and her mother Lakshmi.

City Prinicipal Sessions Court Judge S Alli had sent Minister Senthil Balaji to judicial custody till 28 June after visting him at the Omandurar Hospital, where he was admitted after complaining of chest pain.

Orders on Balaji's bail plea were reserved after hearing arguments by by his counsel NR Elango and Additional Solicitor General ARL Sundaresan, who appeared for the Enforcement Directorate (ED).

The court on 15 June rejected Balaji's petition for rejection of the remand.

Balaji was seen to be in pain when he was brought to the hospital by Enforcement Directorate (ED) officials after his arrest.

Chief Minister MK Stalin, his son Udhayanidhi and other ministers P Sekar Babu, KN Nehru, K Ponmudy and Anbil Mahesh Poyyamozhi visited Balaji in the hospital.

The raids which took place at his residence and office in the state secretariat, are believed to be in connection with the cash-for-jobs scam in which Balaji is one of the accused. The Supreme Court had recently ordered the ED to resume investigation in the case.

Balaji and his associates allegedly took bribes from candidates who wanted to be appointed as drivers, conductors, engineers etc. in state transport corporations during his tenure as Transport minister in the AIADMK government.

Speaking to reporters on the morning of 13 June, Balaji said that he would cooperate with the officials and would be able to speak in detail only after the searches are completed.

Dravida Munnetra Kazhagam (DMK) Organising Secretary RS Bharathi said that the raids were being conducted with an intention to defame the government.

In a statement, Chief Minister MK Stalin said, "The raid conducted by ED at the Secretariat office of Hon'ble Minister Senthil Balaji, is a direct assault on the federal principle.

"The backdoor tactics of BJP against its political opponents will not yield them desired results. BJP will learn it the hard way soon. The silence of people who are watching BJP's cheap acts of vindictive politics should not be underestimated. It is nothing but the calm before the storm of 2024 that will sweep BJP away."

Congress president Mallikarjun Kharge, Nationalist Congress Party (NCP) president Sharad Pawar, Bengal Chief Minister Mamata Banerjee and Delhi Chief Minister Arvind Kejriwal have said that they condemn the ED raids.

Reacting to the raids, Bharatiya Janata Party (BJP) state president K Annamalai shared a 2016 video of Chief Minister MK Stalin speaking about Balaji's alleged corruption while he was a minister in the AIADMK government and asked him to remove him from the Cabinet.

The raids come days after Income Tax department officials conducted searches at premises of his associates over a period of one week.