MHC grants Senthilbalaji to shift to a private hospital
The plea was listed before a division bench comprising Justice J Nisha Banu and Justice D Bharatha Chakravarthy, on Thursday.
Senthilbalaji; Madras High Court (File)
CHENNAI: The Madras High Court has granted permission to shift Senthilbalaji from Omandurar multi specialty hospital to Kauvery hospital for further treatment, in a habeas corpus petition filed by Senthilbalaji's wife Mekala.
The plea was listed before a division bench comprising Justice J Nisha Banu and Justice D Bharatha Chakravarthy, on Thursday.
Additional Solicitor General of India A.R.L.Sundaresan appeared on behalf of the Enforcement Directorate (ED) challenged the habeas corpus petition. According to the counsel that the Principal Sessions Judge, Chennai has already given the judicial custody to Senthilbalaji.
Further, "Once there is a judicial order remanding the detenu thereafter the habeas corpus petition itself is not maintainable", said the counsel and demanded to dismiss the petition.
To counter this, senior advocate NR Elango who appeared on behalf of Senthilbalaji mentioned the Supreme Court's order in Gautam Navlakha vs National Investigation Agency case in 2021 and justified the ground for habeas corpus petition. After the submission, the bench said that the habeas corpus petition is entertainable.
Meanwhile, the petitioner has pleaded to shift Senthilbalaji from Omandurar hospital to Kauvery hospital considering his health conditions and doctors have advised to perform emergent bypass surgery. Opposing this plea the ED counsel has said that the government hospitals are adequately equipped to perform the surgery and there is no question of shifting the detenu to a private hospital. Whether the surgery is emergent or not, can further be determined by external experts to be brought from All India Medical Sciences, New Delhi, or any other expert team which may be constituted by this court, said the counsel.
After the arguments, the bench directed that Senthil Balaji be shifted to Kauvery hospital, Chennai, for undergoing emergency treatment. A panel of doctors constituted by the ED, can also visit and examine Senthil Balaji and the medical records and the treatment which is being given to him in the private hospital said the bench and posted the petition to June 22, 2023 for final disposal, ruled the bench.
In a related development, the Chennai sessions court has adjourned the custody petition filed by Enforcement directorate against Senthil Balaji on Friday for final orders.
