"I firmly stand on my judgment to set Senthilbalaji free": Justice Nisha Banu
Justice Bharatha Chakravarthy also observed that both the parties reached the SC and the case is still pending, there is nothing to be stated in this matter.
Minister Senthilbalaji; Madras High Court (File)
CHENNAI: A division bench of the Madras High Court (MHC) led by Justice Nisha Banu closed the Habeas Corpus Petition (HCP) filed by minister Senthilbalaji's wife Megala, noting that the case is on the seizure of the Apex Court.
The HCP case was listed before the division bench comprising Justice J Nisha Banu and Justice D Bharatha Chakravarthy, to fix the date to take Senthilbalaji into the custodial interrogation by the Enforcement Directorate (ED). However, the senior judge Nisha Banu observed that she still firmly stands on the judgment given by her on July 4, 2023, to set Senthilbalaji free. The judge further said that both the ED and Senthilbalaji parties approached the Supreme Court (SC) regarding this case, she found that there is nothing to say and hear anything further in this matter.
Justice Bharatha Chakravarthy also observed that both the parties reached the SC and the case is still pending, there is nothing to be stated in this matter. The Solicitor General of India Tushar Mehta appeared for the ED and said that there is nothing to be debated over this issue, the HCP was sent back to the division bench only to fix the date for the custodial interrogation. However, the bench closed the HCP case and observed that the appeal petition pertaining to this matter is pending in the SC to take the final call.
On June 14, 2023, Megala moved the MHC, after Senthilbalaji was arrested by the ED. The case was listed before a division bench comprising Justice Nisha Banu and Justice Bharatha Chakravarthy. However, the two-judge bench gave a split verdict on July 4, 2023. Justice Nisha Banu allowed the HCP and denied custodial interrogation, whereas Justice Bharatha Chakravarthy denied the HCP and allowed the custodial interrogation. Later, the Chief Justice of the MHC named Justice CV Karthikeyan as the third judge to hear the case and conclude the matter. On July 14, 2023, after hearing all the arguments the third judge pronounced his judgment aligned with Justice Bharatha Chakravarthy, denied the HCP.
The third judge sent back the case to the division bench to fix the date to take Senthilbalaji into the ED custody.
It may be noted that the plea filed by Senthilbalaji and his wife Megala against the MHC order to allow the ED to take Senthilbalaji into custody, will be heard on Wednesday at Supreme Court before Justice AS Bopanna and Justice MM Sundresh.
