Madras High Court declines interim bail to V Senthil Balaji but allows shift to private hospital for bypass surgery

The Madras High Court on Thursday rejected a plea for interim bail by Tamil Nadu Minister for Electricity, V Senthil Balaji in connection with his arrest for allegedly being involved in a cash-for-job case..The Court, however, permitted the plea by him to be shifted to Kauvery Hospital, a private hospital in the city, for an emergency bypass surgery, as recommended by the Tamil Nadu Multi-Specialty Hospital, where he is currently admitted."No question of enlarging him on bail. He shall continue to be in judicial custody. Since petitioner pleads he has a regular physician at private Kauvery hospital in the city, his prayer for shifting him there from the government hospital can be granted," the Court said.The cost of treatment at private hospital should be borne by Balaji, the Court clarified..Justices J Nisha Banu and D Bharatha Chakravarthy passed the order this evening in a habeas corpus case filed by Balaji's wife..Balaji, a minister in the cabinet of the Dravida Munnetra Kazhagam (DMK)-led government in Tamil Nadu, was arrested by the ED in connection with a cash-for-job case on Wednesday.Balaji was arrested after undergoing questioning that commenced on Tuesday by the Enforcement Directorate in a money laundering case. The charges are from the time of his tenure as the transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.The action came following the Supreme Court's ruling on May 16.The top court had overturned a decision by the Madras High Court, which had instructed the State police to carry out a new investigation into the cash-for-jobs scam case. Additionally, the apex court had granted permission to the ED to continue its probe.Soon after his arrest, Balaji complained of chest pain and was admitted to a hospital, where he underwent a coronary angiogram. That evening, the city Civil and Sessions Court, Chennai remanded Balaji to judicial custody till June 28 after visiting Balaji at the hospital and ascertaining his health condition.The Sessions judge, however, permitted Balaji to continue his medical treatment at the Tamil Nadu Multi Super Specialty Hospital, where he is currently admitted.Meanwhile, his wife, S Megala, moved the present habeas corpus petition before the Madras High Court against his arrest. .The High Court today noted that Balaji was remanded by a Chennai court to judicial custody after the habeas corpus plea was moved. Therefore, it had to be ascertained whether the grounds of non-compliance with procedure by ED in arresting Balaji were factually correct. "If they were correct, whether the Minister's, arrest was completely illegal had to be examined, the Court said. On such limited question, the Habeas Corpus plea should be entertained," it said and issued a notice to ED..Senior counsel Elango relied on Gautam Navlakha's case and contended that Balaji's arrest was illegal. Elango also told the Court that the Tamil Nadu Multi Super Specialty Hospital has recommended urgent surgery for Balaji, who had earlier complained of chest pains following his arrest. .Elango also urged the Court to shift Balaji to a private medical facility, which the Court permitted on the ground that ED itself had taken Balaji to the State-run Omandurar Government Multi-specialty hospital after arresting him and the medical bulletin at Omandur Hospital advised an urgent bypass surgery for Balaji. Therefore, there was no dispute over his poor health condition, the Court opined."The only question is whether he has to undergo an emergent treatment at the Omandurar Government Hospital itself or the hospital of their choice. In this regard, when the petitioner pleads that they have a regular physician at Cauvery Hospital, Chennai which is also a reputed hospital in Chennai, regarding the treatment in Cardiology, when the matter is concerning a life of an individual, we are of the view that prayer on behalf of the detenu to undergo treatment at the hospital of their choice, at his own cost, can be acceded to even while he continues to be in judicial custody," it said..The ED had also insisted on getting Balaji examined by a panel of doctors from the All India Institution of Medical Sciences (AIIMS), New Delhi before taking a call on shifting him to a private hospital.In its order, the Court allowed for a panel of doctors from the Omandurar government hospital to examine Balaji at Kauvery Hospital.The Court, however, turned down the plea for bail."As prima facie, the detenu is in custody by judicial order of remand, there is no question of enlarging him on bail. He shall continue to be in judicial custody," the Court said.The matter will be heard next on June 22..On a related note, the Sessions Court is also likely to pass orders on the ED'S plea seeking Balaji's custody for interrogation, on Friday..[Read Order]