CHENNAI: The Madras high court on Tuesday passed a split verdict on the legality of the arrest of Tamil Nadu minister V Senthil Balaji by the Enforcement Directorate.While senior judge of the division bench Justice J Nisha Banu allowed the habeas corpus plea moved by the ministers wife and ordered his immediate release, Justice D Bharatha Chakravarthy upheld the validity of the arrest made by the ED.In view of the split verdict, the matter would be referred to the Chief Justice Sanjay Vijaykumar Gangapurwala, who in turn would appoint a third judge to decide on the issue.On June 14, the ED arrested Senthil Balaji for offences under the Prevention of Money Laundering Act (PMLA).
The minister, who is currently under judicial custody, is undergoing medical treatment in Kauvery Hospital.Earlier, senior advocate Mukul Rohatgi representing the petitioner submitted that there were procedural lapses in the arrest of the minister and that the arrest was made in haste for political reasons.He pointed out that procedures enunciated in the CrPC were not followed during the arrest.Opposing the same, solicitor general Tushar Mehta contended that under the Prevention of Money Laundering Act, the ED has authority to arrest a person if it believes that the person is punishable for an offence under the Act.As to non-issuance of notice under Section 41 of the CrPC before arrest, the solicitor general submitted that there is distinction between the power to arrest under the PMLA and the CrPC.