MHC refuses to stay trial proceedings against Senthilbalaji, opining it's too early
A division bench comprising Justice MS Ramesh and Justice Sunder Mohan heard the criminal revision petition challenging the sessions court order dismissing to stay the framing of charges and trial in the PMLA case
Madras High Court; TN minister Senthilbalaji
CHENNAI: The Madras High Court (MHC) refused to stay the trial court proceedings against former minister V Senthilbalaji in the Prevention of Money Laundering Act (PMLA) case, opining it is too early and directed the Directorate of Enforcement (ED) to file a counter.
A division bench comprising Justice MS Ramesh and Justice Sunder Mohan heard the criminal revision petition challenging the sessions court order dismissing to stay the framing of charges and trial in the PMLA case.
Senior counsel Mukul Rohatgi appearing for the former minister referred to section 44 of PMLA and submitted that the sessions court cannot proceed with the trial before the special court concludes the trial.
If the special court finds that my client is not guilty in the scheduled offence and acquitted from the case, then the ED case couldn't stand, submitted the counsel.
The case pending in the special court is at the stage of framing charges, it will be taken up in couple of month, the ED should wait untill the charges are framed before the special court, the counsel contended.
Another senior counsel S Prabhakaran appearing for V Senthilbalaji referred to the Supreme Court 's judgment in Vijay Madanlal Choudhary case, 2022 and submitted that the trial in the scheduled offence must comes to an end first. The counsel sought to stay the proceedings against the former minister in sessions court till the completion of trial pending in the special court.
After the submission the bench observed it is too early to stay the proceedings and directed the ED to file counter to the petition. The matter is posted to April 25 for further submission.
On February 15, the principal sessions judge S Alli, dismissed the deferred petition preferred by Senthilbalaji seeking to stay the framing of charges and trial in the PMLA case.
The judge wrote that the deferred petition lacks merit, it has been filed to protract the proceedings, which deserves to be dismissed.
The sessions judge also cited the Apex Court's directions to monitor the trial of the cases, involving MPs and MLAs and wrote that the trial courts shall not adjourn the cases except for rare and compelling reasons, while dismissing the deferred petition.
It may be noted, on February 28, the MHC directed the principal sessions court to complete the trial against Senthilbalaji within three months, while dismissing his bail plea.
