ED can’t seek custodial probe, Balaji’s advocates tell SC

NEW DELHI: Tamil Nadu’s embattled Minister V Senthilbalaji and his wife Megala on Tuesday argued in the Supreme Court that the Enforcement Directorate has no vested right to interrogate an accused in custody.

Represented by senior advocates Kapil Sibal and Mukul Rohatgi, the duo submitted that once the period of 15 days from the date of arrest has expired, the investigating agency couldn’t demand custodial interrogation as it is not permitted under law.

A division bench of justices AS Bopanna and MM Sundresh listed the matter for further hearing on August 2 when the Solicitor General (SG) Tushar Mehta is likely to argue on behalf of the ED. Mehta said the facts of the case show how the “system was taken for a ride” and urged the court to permit him to make detailed submissions on Wednesday.

The agency has also filed an appeal against the high court order upholding his remand to judicial custody.

Rohatgi said that Senthilbalaji was “recovering” in jail hospital after his bypass surgery and the agency was free to seek permission to question him during his judicial custody.

The senior lawyer submitted that there are contrary opinions by the top court on the legal issue of remanding an accused to police custody after the expiry of 15 days from the date of arrest and therefore the question may be referred to a larger bench for consideration.

He, however, contended that the law was clear that there was “no concept of exclusion” of time once arrest is made and police custody cannot be given after the first 15 days.

“There is no vested right after 15 days (to interrogate in custody). This is much ado about nothing,” Rohatgi added.

Sibal contended that the agency has no right to interrogate at a specific place, there was no compliance of section 41A (notice of appearance) of Criminal Procedure Code and the grounds of arrest were not communicated in terms of the legal mandate.