ED cannot keep an accused in custody for more than 24 hours
The madras high court on tuesday gave a split verdict on a habeas corpus petition filed by S. Megala, wife of tamil Nadu minister V. Senthil balaji against the arrest of tamil Nadu minister V. Senthil balaji by the Enforcement Directorate. On june 14, the Enforcement Directorate arrested balaji in a money laundering case related to the cash-for-job scam. balaji is accused of allegedly running a scam when he was the Transport minister between 2011 and 2016.
According to a report by LiveLaw, a website reporting court cases, a two-member bench of the madras high court comprising Justice J. nisha Banu held that the habeas corpus petition was maintainable as the order of detention passed by the Principal Sessions Judge was outside its jurisdiction and therefore illegal. Justice Banu also said that since the Enforcement Directorate officer did not have the powers of a station house officer under the Prevention of Money Laundering Act, he could not have applied for the minister's custody.
'ED should present the accused in court within 24 hours of arrest'
Justice Banu said, "As per the existing rule, the officers empowered to arrest under Section 19 of the PMLA-2002 (Prevention of Money Laundering Act) have to produce the accused before the competent court within 24 hours of the arrest and from there only the judicial Can seek remand and under the existing provision of the Act it can be ordered by the Judicial Magistrate. Accordingly, the ED cannot keep any person in custody for more than 24 hours before the arrest.
Justice Chakraborty disagreed with Justice Banu's argument
However, Justice D. Bharat Chakraborty, the second judge included in this bench, disagreed with the decision of Justice Banu, raised four questions in his order and also answered them. Justice Chakraborty said that this habeas corpus petition is not hearable. Along with this, he said, 'The petitioner has not made such a case, so that it can be said that the detention is illegal. Till discharge from Senthil balaji Hospital or for 10 days from today, treatment can be taken in a private hospital (Kaveri Hospital). After that he can get treatment in jail or government hospital.