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The Supreme Court today adjourned the hearing in the plea filed by the Enforcement Directorate challenging the Madras High Court's order in a habeas corpus petition filed against the arrest of Tamil Nadu Minister Senthil Balaji and allowing him to be shifted to a private hospital for his bypass surgery.

A vacation bench of Justices Surya Kant and MM Sundresh, noting that the matter is to be heard tomorrow by the High Court, adjourned the hearing.

Solicitor General Tushar Mehta, appearing for Enforcement Directorate, told the division bench that High Court entertained Balaji's plea on the ground that remand order was passed after filing of petition.

"Please see Rahul Modi case...I have a strong case against the HC entertaining this petition in the first place..", SG Mehta added.

To this, Justice Surya Kant said, "High Court has used a very guarded language, it will determine.. entertaining a petition and its maintainability are different..".

"We have no reason to doubt the ability of the High Court. But what we can do is, clarify that the High Court has only issued notice, ED can urge before it that the habeas corpus plea is not maintainable..let us keep this pending, High Court can hear you and pass an appropriate order...", the bench added.

SG Mehta continued to press the court for relief, and said, "This sets a very wrong precedent..all are equal but some are more than others..it will show as if habeas corpus petition can be used against remand. Look at the precedent it sets, 15 days gone in hospital and then High Court says it will examine.."

"Why did you make remand application the next day of this order, you could have told PMLA court to keep remand order in abeyance..", the Supreme Court questioned SG Mehta. 

Balaji, was arrested by the Enforcement Directorate in an alleged cash-for-job scam on June 13. A habeas corpus petition was filed by Balaji’s wife Meghala against the arrest of her husband and allowing him to be shifted to a private hospital for treatment.

In May, the Supreme Court had cleared the decks for resumption of police probe against Tamil Nadu's Minister for Electricity, Excise, and Prohibition, V Senthil Balaji in the cash-for-job scam of 2011-15 by setting aside the Madras High Court's "shocking" order for de novo investigation, which even went against the previous order by the top court.

"The Investigation Officer shall proceed with further investigation in all cases by including the offences under the Prevention of Corruption Act. Any let up on the part of the Investigation Officer in this regard will pave the way for this court to consider appointing a Special Investigation Team in future," a bench of Justices Krishna Murari and V Ramasubramanian cautioned.

Dealing with multiple appeals against the high court's orders, the bench had noted that what was interesting was that the order directing de novo investigation in all the three cases, had actually inured to the benefit of the accused, but the high court put it on the ground that the credibility of the investigation should not be eroded. 

"In fact, the accused did not seek de novo investigation on the ground of slackness on the part of the Investigating Officer, but it was Devasagayam (complainant) who sought it, with the able assistance of the Investigating Officer," it had said.

Case Title:  ED vs. Senthil Balaji