TN minister Balaji's plea in money laundering case to be heard Friday
New Delhi (PTI): The Supreme Court agreed to hear on Friday the pleas of Tamil Nadu Minister V Senthil Balaji and his wife Megala challenging the July 14 order of the Madras High Court by which it upheld his arrest by the Enforcement Directorate (ED) in a money laundering case.
A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra took note of the submissions of senior advocate Kapil Sibal, appearing for the minister and his spouse, that the issue would become infructuous if not heard urgently.
Solicitor General Tushar Mehta, appearing for the anti-money laundering probe agency, opposed the submissions of Sibal seeking urgent hearing, saying wrong facts have been narrated and the Chief Justice of the High Court is yet to refer the matter to a division bench for further proceedings.
"If the bench seeks to list it tomorrow then I have no problem," the law officer said.
"We will list if for hearing," the bench said.
The minister and his wife have filed two separate petitions in the top court challenging the high court order by which it upheld his arrest by the ED in a money laundering case.
Besides upholding the arrest of the minister, the high court had also held as valid his subsequent remand in judicial custody by a sessions court in the money laundering case arising out of the alleged cash-for-jobs scam in the state's transport department when he was the transport minister.
He continues to be a minister without portfolio in the Tamil Nadu cabinet.
Justice C V Karthikeyan, who was named as a third judge by the high court to hear the habeas corpus petition of Senthil Balaji's wife, following a split verdict delivered by a division bench, concurred with the conclusions arrived at by Justice D Bharatha Chakravarthy. Justice Chakravarthy had upheld Balaji's arrest.
The third judge held that the accused had no right to frustrate the investigation.
Justice Karthikeyan directed the registry to place the matter before Chief Justice S V Gangapurwala to refer it to the same division bench to determine the date on which the ED could take the custody of Senthil Balaji, who has undergone a coronary bypass surgery, and to shift him from the hospital.
Balaji was shifted to the Puzhal Central Prison in Chennai from a private hospital on Monday.
In his order, Justice Karthikeyan said, according to the complainant, he had given Rs 2.40 lakh (for securing a job in a state-run transport corporation). This was the specific offence of bribery for which an FIR was filed, after which the ED had registered the Enforcement Case Information Report (the ED's version of FIR). Subsequently, Balaji, the transport minister in a previous AIADMK government, was arrested by the ED.
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Not surprised EC gave itself clean chit: Cong slams poll panel on Haryana complaints
Warns ECI of legal action over 'condescending' tone
New Delhi, Nov 1: The Congress on Friday hit out at the Election Commission after it rejected allegations of "irregularities" in Haryana assembly polls, saying if the poll panel's goal is to "strip itself of the last vestiges of neutrality", then it is doing a "remarkable job" at creating that impression.
The opposition party claimed that the EC's reply was written in a tone that is condescending and warned that if the poll panel persists with such language then it would have no choice but to seek legal recourse for getting such remarks expunged.
The Congress's response came days after the EC rejected allegations levelled by it over "irregularities" in assembly polls, saying the party was raising "the smoke of a generic doubt" about the credibility of an entire electoral outcome as done in the past.
The Congress said it is not surprised that the ECI has examined its complaints and "given itself a clean chit". The answer given to the question of the machines' fluctuating batteries seeks to confuse rather than clarify, it said.
"At any rate, the ECI reply is nothing more than a standard and generic set of bullets on how the machines function rather than a specific clarification on specific complaints. In short, while our complaints were specific the ECI response is generic and focused on diminishing the complaints and the petitioners," the Congress said.
In its letter to the EC signed by nine senior Congress leaders, including general secretary in-charge communications Jairam Ramesh, the party said, "We have carefully studied your response to our complaints. Not surprisingly, the ECI has given a clean chit to itself. We would normally have let it be at that. However, the tone and tenor of the ECI's response, the language used, and the allegations made against the INC compel us to submit the counter-response."
The Congress letter said that if the Commission grants a recognised national party a hearing or examines issues raised by them in good faith it is not an 'exception' or 'indulgence' but it is the performance of a duty required to be done.
"If the Commission is refusing to grant us a hearing or refusing to engage on certain complaints (which it has done in the past) then the law allows recourse to the higher courts' extraordinary jurisdiction to compel the ECI to discharge this function (as happened in 2019)," the letter said.
The Congress leaders, who had petitioned the EC alleging irregularities in the polls, said every reply from the EC now "seems to be laced with ad-hominem attacks" on either individual leaders or the party itself.
"The ECI's reply are written in a tone that is condescending. If the current ECI's goal is to strip itself of the last vestiges of neutrality, then it is doing a remarkable job at creating that impression," the party said in its letter to the EC.
"Judges who write decisions do not attack or demonise the party raising the issues. However, if the ECI persists then we shall have no choice but to seek legal recourse to expunge such remarks," said the letter signed by Ramesh, K C Venugopal, Ashok Gehlot, Bhupinder Hooda, Ajay Maken, Abhishek Singhvi, Uday Bhan, Partap Bajwa and Pawan Khera.
They also said that the "pattern" sought to be identified by the ECI in its reply is "disingenuous" as sometimes acting on complaints immediately is the key.
"If they are not redressed on the ground then they become redundant. And then the only remedy available is an Election Petition which is a lengthy process taking years to resolve. Thus, we approach the ECI with whatever information we have, and the ECI with the vast resources at its command, examines and reviews this information to see if the same is correct. Many times, the ECI has found our information to be correct. Other times, not so. But we do not name and shame the ECI for those moments after the Election is over," they said.
The Congress said if they were "bad faith actors", then they would never engage with the ECI to begin with. "We would focus on naming and shaming the Commission with examples from the ECI's own recent history which do not shroud it with glory," it said, adding that they would have never engaged in that case.
The Congress said it has sent over a hundred complaints against the prime minister and home minister, but "the ECI has taken action in precisely zero complaints, while calling our party president and former party president to account for their actions/speeches".
"We would point out how the ECI never published a dissent note, actively suppressing it instead, by a former Commissioner in this regard. We would point out that the ECI has almost always fought any move for transparency and increase in VVPAT verification numbers, with the same having to be ordered by the Supreme Court. We challenge the ECI to fact check the above since it finds the INC's misgivings to be based on phantoms," the Congress said.
In a strongly-worded letter to Congress president Mallikarjun Kharge, the poll panel had said such "frivolous and unfounded" doubts have the potential of creating "turbulence" when crucial steps like polling and counting are in live play, a time when both public and political parties' anxiousness is peaking.
The BJP retained power in Haryana winning 48 of the 90 seats in the October 5 assembly polls.
