Senthil Balaji's Arrest By ED Is Legal, Probe Agency Entitled To Keep Him In Custody: Madras High Court

DMK Minister Senthil Balaji has been arrested by the ED last month in connection with a cash-for-jobs scam case.

CHENNAI: In a big setback to Tamil Nadu's ruling party DMK, the Madras High Court on Friday said that Tamil Nadu Minister V Senthil Balaji's arrest by Enforcement Directorate is valid. The High Court also upheld the judicial custody of the jailed Tamil Nadu minister, saying the probe agency is entitled to keep him in its custody. Justice CV Karthikeyan held that ED has a right to take V Senthil Balaji into custody. "I would align myself with the reasoning given by Justice D Bharatha Chakravarthy so far as this point is concerned,'' the Judge said.

The Madras High Court further said the time spent by Balaji in a hospital will be excluded from the custody period and referred it to a division bench of the high court. Balaji, who was arrested last month, is currently in jail amid criminal proceedings in an alleged cash-for-jobs scandal. Interestingly, he had been retained as a minister without portfolio by Chief Minister M K Stalin, a decision that Governor Ravi had decided to unilaterally override.

Reacting to the HC ruling, DMK leader A Saravanan said, "This judgment is diametrically opposite to the view of the Supreme Court. A bench of the Supreme Court is going to hear all these appeals. Our appeal is listed before Supreme Court on July 24."

It may be noted that in June, Tamil Nadu Governor RN Ravi dismissed V Senthil Balaji, accused in a money laundering case, from the Council of Ministers with immediate effect. However, hours later, the Governor took back his contentious order to dismiss the jailed DMK Minister. Sources claimed that the Governor decided to keep the dismissal order in abeyance till further communication and also informed Chief Minister M K Stalin about it. 

CM Stalin Hits Out At Governor

Tamil Nadu Chief Minister M K Stalin slammed Governor RN Ravi over the dismissal of jailed minister Senthil Balaji, saying he does not have the right to do so and his government will proceed legally in the matter. The minister had been arrested in connection with a cash-for-jobs scam case. Speaking to reporters in the wake of the arrest of the fellow DMK leader, CM Stalin said, "Governor doesn't have the right (to dismiss a sitting minister) and we will face this legally."

 Also lashing out at the Governor, DMK leader A Saravanan accused the Governor of undermining the Constitution, saying that the order, dismissing Balaji from the state's council of ministers, is not even worth the paper it was drafted on.

"Who does the Governor thinks he is? Does he have the constitutional authority (to dismiss Senthil Balaji)? The Governor is undermining the constitution. He is catering to the Sanatan Dharma. The law of the land isn't determined by the Sanatan Dharma. For a Governor, the constitution should be the Bible, Gita, and Quran. He is acting like a clown, trying to appease his political masters. His order isn't even worth the paper it was drafted on. It must be consigned to the dustbin," the DMK leader said.

Former Union minister and Congress leader Manish Tewari, too, slammed the dismissal of the jailed minister, tweeting, "Article 164 of COI" The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister... Since Ministers are appointed on the advice of the CM they can be removed ONLY on the advice of the CM. Unconstitutional Gov."

However, BJP welcomed the Governor's decision.