Madras HC allows shifting TN minister Senthil Balaji to pvt hospital

Chennai | The Madras High Court on Thursday allowed the shifting of Tamil Nadu minister V Senthil Balaji, arrested by the ED and since under medical treatment at a city government hospital, to a private facility.

There was "no question of enlarging him on bail," as he was under judicial custody, it said.

A division bench of Justices J Nisha Banu and D Bharatha Chakravarthy, which was hearing a habeas corpus petition filed by Balaji's wife, gave the interim order.

It issued notice to the Enforcement Directorate (ED) on the main plea of illegal arrest of Balaji and posted the matter to June 22.

The court said Balaji will continue to remain in judicial custody and allowed the ED to have its own team of doctors also to examine the minister.

"As prima facie, the detenu (Balaji) 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 bench said.

Further, "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," the court said.

It also allowed the ED to constitute its own team of doctors to examine the minister.

"It is open to the respondents/ Enforcement Directorate, themselves to determine the Specialist panel, who can also examine the detenu and his condition as well as the treatment, which he undergoes at the Cauvery Hospital. Therefore, we direct that the detenu be shifted to Cauvery Hospital, Chennai, for undergoing the emergency treatment as mentioned in the Medical Bulletin of the Omandurar Government MultiSpeciality Hospital, Chennai, dated June 14, 2023," the court said.

Meanwhile, a city court that heard Balaji's plea for interim bail and the ED seeking police custody of the minister reserved orders for Friday.