In a setback to Enforcement Directorate (ED), the Supreme Court on Wednesday refused to interfere with the Madras high court order entertaining a habeas corpus petition against the arrest of Tamil Nadu Minister Senthil Balaji in ‘cash for job scam’ and permitting his treatment and surgery at a private hospital.

Senthil Balaji was arrested by the Directorate of Enforcement on June 14 in an alleged ‘cash for job’ scam that took place when he was the transport minister (2011-2015) in the government of late Chief Minister J Jayalalithaa.

Refusing to pass any order on the DE plea against the high court entertaining habeas corpus plea by Megala – wife of Senthil Balaji – and protecting the investigating agency’s right to subject him (Senthil Balaji) to 15 days custodial interrogation by excluding the period of his treatment, a vacation bench of Justice Surya Kant and Justice M M Sundresh said that the high court order was a “very guarded” one and it has yet to render final opinion on the issues being flagged by the ED.

Requesting the high court to proceed with the matter and clarifying that the pendency of the plea before it shall not be taken as a ground for the adjournment of the hearing by the high court, the bench in its order further said that the observations by the high court and the Supreme Court will have no bearing on the hearing of the matter.

Keeping the ED’s plea pending, the court said it will hear it on July 4, 2023.

Finding faults with the high court order, Solicitor General Tushar Mehta laboured to persuade the vacation bench to say something on the high court entertaining the habeas corpus petition even though  ED had already arrested Senthil Balaji and cited top court judgment to buttress his point, and protecting ED’s right to subject the accused to 15 days custodial interrogation by excluding the period of treatment.

Making it clear that it will not interfere with the hearing of the matter by the high court that is listed for tomorrow (Thursday, June 22, 2023), the vacation bench told the Solicitor General that they cannot pass orders on his “apprehensions”. “Today we will not say anything. It will amount to this … We don’t trust our institutions (high court).”

Whatever we have to say we will say at an appropriate stage as in any case the matter will travel to top court as a party aggrieved by the High court order will appeal against it, the bench said.

As the Solicitor General insisted on the passing of some order and said that after a point ED will be rendered remedi less, Justice Surya Kant said, “No court can render you remediless.”

The ED has arrested Senthil Balaji in connection with a money laundering case rooted in alleged ‘cash for job’ scam that took place when Senthil Balaji was a minister in AIADMK government who later crossed over to ruling DMK.

The high court had permitted Senthil Balaji to be shifted to a private hospital for a heart surgery and restricted his interrogation in the hospital. Senthil Balaji was operated for the blockages of three coronary arteries at a local private hospital in Chennai.