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Synopsis

Following a split verdict by a division bench, third judge Justice CV Karthikeyan of the Madras High Court on Thursday posted the habeas corpus petition moved by the wife of Minister V. Senthilbalaji against his arrest by the Enforcement Directorate (ED) on Friday i.e. July 7, 2023 at 2:15 pm for framing the points of difference between the opinion of the two judges. 

Justice Karthikeyan asked the registry to list the matter on Friday and further place the same before the Chief Justice to seek permission to hold a hearing on Saturday i.e. July 8, 2023. 

On submission of Solicitor General Tushar Mehta who appeared for ED that there is an urgency in the matter otherwise public interest would be compromised, Justice Karthikeyan asked him to remain assured that the hearing in the matter will be fair but not elongated. 

Subject to the Chief Justice's permission, Justice Karthikeyan expressed his hope that on Saturday there will be some progress in the matter. 

Moreover, when SG informed the court that the ED has already prepared a tabular chart of the points on which the division bench judges differed, Justice Karthikeyan asked him to share a copy of the same with the court and other parties as well. 

Apart that, Justice Karthikeyan also asked the counsel for the respondent parties to place the case records before the bench on Saturday if a hearing takes place on that day. 

A division bench comprising Justice J. Nisha Banu and Justice D. Bharatha Chakravarthy of the Madras High Court on Tuesday this week delivered a split verdict on the habeas corpus petition.

A brief report on the points of difference between the opinion of the two judges can be accessed here. 

Allegedly, when Senthilbalaji, the present Tamil Nadu Electricity Minister, was serving as Transport Minister in Jayalalithaa’s Cabinet during 2011-15, a job racket took place where bribe was sought for jobs in the Metropolitan Transport Corporation. It is alleged that he had obtained money from third parties promising jobs in the Transport Department and thereafter cheated them.

The ED arrested the Minister on June 14 and he was remanded to judicial custody till June 28.

Meanwhile, after the Minister complained for chest pain, he was admitted to Tamil Nadu Government Multi Super Specialty Hospital at Omandurar Estate in Chennai for a medical checkup. At the government hospital, the Minister was advised CABG-Bypass surgery at the earliest.

On the same day, the Minister's wife moved the high court alleging that his arrest has been done without following the due procedure and sought his transfer to a private hospital for treatment. 

On June 15, though the high court denied the Minister interim bail but allowed him to be shifted to a private hospital in Chennai for treatment.

Thereafter, this week a division bench delivered a split verdict in the plea, after which High Court Chief Justice SV Gangapurwala listed the matter before the bench of Justice CV Karthikeyan.

Case Title: Megala v. State