SC permits ED custody of Senthil Balaji until August 12

By Express News Service

NEW DELHI: The Supreme Court on Monday dismissed the pleas filed by TN Minister Thiru Senthil Balaji and his spouse in opposition to the Madras High Court’s order relating to legality of his arrest and custodial interrogation by granting ED custody until August 12, 2023.

A bench of Justices AS Bopanna and MM Sundresh dominated that the phrase “custody” beneath part 167 CrPC would additionally embrace such different custody and in addition held that the writ of habeas corpus was not maintainable in opposition to the order of remand.

While reserving the decision final Wednesday, the bench termed ED’s proposition relating to “non-applicability” of part 167 CrPC to PMLA officers which offers with producing an arrested particular person earlier than the Magistrate.

“It is a very dangerous proposition that section 167 CrPC does not apply & you (ED) can take your own sweet time,” Justice MM Sundresh mentioned.

ALSO READ: ED seized Rs 22 lakh money, property paperwork from Senthil Balaji’s shut aide

Balaji and his spouse had approached SC on July 4 and July 14 which have been delivered by a bench of two judges and a single choose respectively.

Challenging his Enforcement Directorate custody, Tamil Nadu minister V Senthil Balaji had informed SC that ED had no vested proper to interrogate an accused in custody after the lapse of 15 days from the date of arrest. 

“On the face of it…There is no vested right, even in the first 15 days. It’s at the discretion of the Magistrate. Any one exclusion…will affect the entire scheme. Beyond 15, you automatically shift to judicial custody. There is no exclusion of time in the first 15 days. Once the clock starts ticking, it cannot be stopped. There is no vested right after 15 days,” Senior Advocate Mukul Rohatgi had submitted. 

Also for the minister, Senior Advocate Kapil Sibal had submitted that ED can’t search custody as they don’t seem to be cops. Referring to part 167 CrPC which offers with the ability of police relating to custody and prime court docket’s ruling in Vijay Madanlal Chaudhary of holding that ED officers beneath PMLA aren’t Police officers, he additionally mentioned that the interval of custody of such arrested particular person with the ED officers can’t be past the primary 24 hours of arrest. 

Vehemently opposing the submissions made by Balaji, SG Tushar Mehta for ED mentioned that the probe company’s efforts to get unique custody have been stalled because the minister abused the regulation by approaching a number of courts.

NEW DELHI: The Supreme Court on Monday dismissed the pleas filed by TN Minister Thiru Senthil Balaji and his spouse in opposition to the Madras High Court’s order relating to legality of his arrest and custodial interrogation by granting ED custody until August 12, 2023.

A bench of Justices AS Bopanna and MM Sundresh dominated that the phrase “custody” beneath part 167 CrPC would additionally embrace such different custody and in addition held that the writ of habeas corpus was not maintainable in opposition to the order of remand.

While reserving the decision final Wednesday, the bench termed ED’s proposition relating to “non-applicability” of part 167 CrPC to PMLA officers which offers with producing an arrested particular person earlier than the Magistrate.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

“It is a very dangerous proposition that section 167 CrPC does not apply & you (ED) can take your own sweet time,” Justice MM Sundresh mentioned.

ALSO READ: ED seized Rs 22 lakh money, property paperwork from Senthil Balaji’s shut aide

Balaji and his spouse had approached SC on July 4 and July 14 which have been delivered by a bench of two judges and a single choose respectively.

Challenging his Enforcement Directorate custody, Tamil Nadu minister V Senthil Balaji had informed SC that ED had no vested proper to interrogate an accused in custody after the lapse of 15 days from the date of arrest. 

“On the face of it…There is no vested right, even in the first 15 days. It’s at the discretion of the Magistrate. Any one exclusion…will affect the entire scheme. Beyond 15, you automatically shift to judicial custody. There is no exclusion of time in the first 15 days. Once the clock starts ticking, it cannot be stopped. There is no vested right after 15 days,” Senior Advocate Mukul Rohatgi had submitted. 

Also for the minister, Senior Advocate Kapil Sibal had submitted that ED can’t search custody as they don’t seem to be cops. Referring to part 167 CrPC which offers with the ability of police relating to custody and prime court docket’s ruling in Vijay Madanlal Chaudhary of holding that ED officers beneath PMLA aren’t Police officers, he additionally mentioned that the interval of custody of such arrested particular person with the ED officers can’t be past the primary 24 hours of arrest. 

Vehemently opposing the submissions made by Balaji, SG Tushar Mehta for ED mentioned that the probe company’s efforts to get unique custody have been stalled because the minister abused the regulation by approaching a number of courts.