In another setback to Tamil Nadu Minister Senthil Balaji, the Madras High Court on Friday, July 14,  ruled that the Enforcement Directorate (ED) has the right to arrest him. Upholding the ED’s right to arrest, it said that if the agency can arrest, they can also seek custody as well. Balaji has been arrested by the ED in a money laundering case in connection with the alleged cash for jobs scandal when he held the transport portfolio during the All India Anna Dravida Munnetra Kazhagam (AIADMK) rule. 

The bench of Justice CV Karthikeyan, the third judge to whom the matter was referred, gave the ruling. “The fact that respondents (ED) can take custody for further investigation can’t be denied. The respondent, in this case, had a right to get custody. I would align my opinion with the reason given by Justice Bharatha Chakravarthy in this aspect,” Justice Karthikeyan stated.

The court also rejected the arguments on the illegality of the arrest. "The ED has been at his doors since June 13. He should have known why. He can’t claim innocence," the bench stated.

Senior advocate Kapil Sibal argued for the petitioner and Solicitor General Tushar Mehta and Additional Solicitor General ARL Sundarensan appeared for the ED.

The matter was referred to the bench of Justice Karthikeyan following the split in the verdict of the division bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy.

Taking up the habeas corpus writ petition by Megala, Senthil Balaji’s wife, the division bench differed on the issue. While Justice Nisha Banu maintained that the ED is not entrusted with powers to seek police custody under the Prevention of Money Laundering Act, Justice Chakravarthy gave a ruling that the habeas corpus petition is not maintainable and the ED is entitled to get police custody.