Madras HC leaves it to SC to decide on ED questioning of arrested Tamil Nadu minister in money laundering case

When the plea was listed before the Division Bench comprising Justices Ms J Nisha Banu and D Bharatha Chakravarthy they closed the HCP as the apex court seized the matter.

The bench closed the HCP filed by the minister's wife Megala, after hearing the submissions of Solicitor General Tushar Mehta, appearing for the ED, and senior counsel NR Elango, who represented Senthilbalaji.

After a split verdict by the same bench, with Justice Banu allowing the plea filed by Megala and wanting the Minister to be set at liberty, Justice Bharatha Chakravarthy dismissed it and said the ED arrested Senthilbalaji as per law and that the probe agency could question.

Following this, the HCP was listed before third judge C.V.Karthikeyan who concurred with the views of Justice Bharatha Chakravarthy and said the HCP could be referred to the Chief Justice to be listed before the Division Bench to decide from which date the ED could take the Minister, who had undergone a bypass surgery after his arrest on June 14, under custody for interrogation and that the period of treatment undergone by the Minister, now without portfolio, in a private hospital could be excluded from the period of custody.

When the case was taken up for hearing through video-conferencing on Tuesday, Justice Nisha Banu said "I stand by my judgment dated July 4, 2023. I have nothing to say further in this matter."

When  Tushar Mehta said the matter was referred to this Division Bench only to decide the date from which the ED's custody would begin, Banu reiterated that she had nothing to say.

"Since the Supreme Court is seized of the matter, we will close the case," she said.

In his submissions, Elango said the petitioner had challenged the orders and that the Special Leave Petition (SLP) is pending before the apex court.

Stating that the ED has also challenged a portion of the judgment, he said both the SLPs are coming up for a hearing on Wednesday. As both parties have challenged the orders, the Madra HC wants to wait till the Supreme Court gives its orders.