The Enforcement Directorate (ED) has asserted its powers to arrest and take custody of Tamil Nadu Minister V Senthil Balaji under the Prevention of Money Laundering Act (PMLA), according to submissions made to the Madras High Court. Solicitor General of India Tushar Mehta made the argument before Justice CV Karthikeyan, who was appointed as a third judge to hear the habeas corpus petition filed by Balaji's wife. The petition was filed after a split verdict was delivered by a division bench last week.
Balaji, a former Transport Minister in the AIADMK regime, was arrested by the ED last month in connection with a cash-for-jobs scam.
Mehta emphasized that the ED has a statutory duty to exercise its powers once it has sufficient material related to the proceeds of crime. This includes the authority to arrest individuals, attach their properties, and confiscate them. He clarified that the ED officers, though not police officers, have the power to investigate.
Citing a Supreme Court judgment, Mehta stated that the ED has a moral duty to interrogate and investigate individuals in money laundering cases. He explained that the ED is responsible for collecting evidence, conducting searches, seizures, attaching properties, and arresting individuals. If no case is established, a closure report is filed. Mehta argued that since the ED has the power to file a closure report, it also has the authority to conduct further investigations.
Regarding Balaji's case, Mehta mentioned that the ED followed proper arrest procedures. He stated that after the arrest, the grounds for arrest were communicated to Balaji, but he refused to receive them. Mehta further highlighted that the conditions imposed by the sessions judge, which included allowing the ED to interrogate Balaji without hindrance to his health and treatment, were unworkable. As a result, the ED did not carry out the order.
The judge scheduled the hearing for July 14 to allow Senior Counsel Kabil Sibal, representing the arrested minister, to respond.
In a separate development, the Principal Sessions Court extended Senthil Balaji's judicial custody until July 26. Balaji, who is currently receiving treatment at Kauvery Hospital, appeared before the court through video conferencing and informed the judge about his recovery progress and discomfort at the site of the operation.
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