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HC adjourns Senthil Balaji case to Tuesday

HC adjourns Senthil Balaji case to Tuesday

The Madras High Court on Thursday adjourned the habeas corpus petition filed by the wife of state electricity minister V Senthil Balaji, S Megala alleging the illegal arrest of the minister by the Enforcement Directorate. 
The case was adjourned to Tuesday.
After ED arrested the minister, his wife filed a habeas corpus petition before the High Court alleging that the minister was arrested illegally and also sought permission to transfer him to a private hospital for his treatment. 
The court passed an interim order allowing the transfer of the minister from a government hospital to a private hospital in the city.
The case came up for hearing before a bench comprising Nisha Banu and Baratha Chakravarthy. Advocate NR Ilangovan who appeared for the minister’s wife, argued that Senthil Balaji was arrested illegally and the habeas corpus petition is highly valid. 
He pointed out various previous cases including a habeas corpus petition filed after NIA arrested advocate Abbas. 
He also pointed out how the Supreme Court allowed filing habeas corpus petition when actor Sanjay Dutt was arrested in 1994.   
He said, “In Nakkeran Gopal case, the court has said that it is necessary to follow the rules and regulations properly. 
As per the article 15 A of the constitution, it is improper to arrest anyone without revealing the details. 
It is the basic right of Senthil Balaji to know why he was being arrested. The petition is highly valid.”
He also pointed out the verdict delivered by the court while hearing the social activist Navlakha case. 
He said, “The case was taken up for hearing only because his arrest was illegal. 

The case was filed at 10:30 am on June 14, but the principal sessions Judge remanded him to judicial custody by visiting him at the hospital at 5:30 pm on the same day. 
Petition was also filed to cancel the judicial custody. But he refused to accept our petition.”  
“Permitting the transfer of Senthil Balaji from the government hospital to a private hospital was not an interim order, it is a direction as per section 226 of IPC. 

We opposed remanding him to judicial custody since it was not appropriate and the order was passed robotically,” he said.
He was objected by Solicitor General of India Tushar Mehta. Urging him to be patient, Ilango said that Senthil Balaji was being targeted just because he quit AIADMK and joined DMK.
The case was adjourned to Tuesday when the solicitor general is expected to place his arguments.