Senthil Balaji’s arrest by ED is legal, probe agency entitled to keep him in custody: Madras High Court

Chennai: In a major blow to Tamil Nadu’s ruling party, the Madras High Court on Friday held that the arrest of Tamil Nadu minister V Senthil Balaji by the Enforcement Directorate was legal. The high court also upheld the ED custody of the jailed Tamil Nadu minister and said the probe agency was entitled to keep him in its custody. The Madras High Court further stated that the time spent by Balaji in the hospital would be excluded from the custody period. The matter has now been referred to the Division Bench of the High Court.

Balaji, who was arrested last month, is currently in jail amid criminal proceedings in an alleged cash-for-jobs scam. Interestingly, Chief Minister MK Stalin had retained him as a minister without portfolio, which Governor Ravi decided to dismiss unilaterally.

In June, Tamil Nadu Governor RN Ravi sacked V Senthil Balaji, accused in a money laundering case, from the Council of Ministers with immediate effect. However, a few hours later, the governor withdrew his controversial order sacking the jailed DMK minister. Sources claimed that the Governor decided to keep the dismissal order in abeyance till further communication and also informed Chief Minister MK Stalin about it.

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CM Stalin targeted the governor

Tamil Nadu Chief Minister MK Stalin slammed Governor RN Ravi for sacking jailed minister Senthil Balaji, saying he did not have the right to do so and his government would pursue the matter legally. The minister was arrested in a cash-for-job scam case. Speaking to reporters in the wake of the arrest of fellow DMK leader, CM Stalin said, “The governor does not have the authority (to sack a sitting minister) and we will face it legally.”

Also attacking the governor, DMK leader A Saravanan accused the governor of undermining the Constitution and said that the order to sack Balaji from the state council of ministers was not even worth the paper on which it was prepared.

“Who does the Governor consider himself? Does he have the constitutional authority (to sack Senthil Balaji)? The Governor is undermining the Constitution. He is serving Sanatan Dharma. The law of the country is not determined by Sanatan Dharma For a governor, the constitution should be the Bible, the Gita and the Koran. He is acting like a buffoon, trying to please his political masters. His order is not even worth the paper on which it is drafted was prepared. It should be sent to the dustbin,” the DMK leader said.

Former union minister and Congress leader Manish Tewari also criticized the sacking of the jailed minister, tweeting, “Article 164 of the COI. The Chief Minister will be appointed by the Governor and other ministers will be appointed on the advice of the Governor.” Chief Minister… Since the ministers are appointed on the advice of the Chief Minister, they can be removed only on the advice of the Chief Minister. Unconstitutional government.”

However, the BJP has welcomed the Governor’s decision.