Chennai:Turning down the Enforcement Directorate's objection, a Division Bench of Madras High Court on Thursday permitted embattled Tamil Nadu Minister V Senthil Balaji, now under judicial custody, to be treated at a private hospital for heart ailment.
Justices Nisha Banu and Bharatha Chakravarthy, however, denied interim bail to Balaji, who was admitted to the Government Omandurar Multi Super Speciality Hospital and diagnosed with multiple blocks in the artery. On a Habeas Corpus plea by Meghala, Balaji's wife, the bench allowed the minister to be shifted to Kavery Hospital.
“In matters of health, getting treatment in a hospital of one's choice can be allowed,” Justice Bharatha Chakravarthy observed and allowed Balaji's transfer to the private hospital where he had been regularly consulting with a physician. While taking into account that the doctors at the Omandurar Hospital as well as the ESI Hospital have advised early surgery for heart ailment, the court made it clear that the cost of treatment must be borne by the family.
On the objection raised by the ED, which maintained that medical treatment should be given only at a Government Hospital since the accused minister is under judicial custody, the bench directed that a panel of doctors constituted by the ED could regularly visit Balaji and monitor his health condition.
While rejecting the prayer for interim bail, the court accepted the maintainability of the Habeas Corpus petition, saying challenges have been raised over the manner of arrest flouting procedures, it has to be ascertained whether there was any illegality. The Bench then ordered notices to respondent authorities, returnable by June 22.
Earlier, senior counsel for the petitioner, NR Elango argued that despite the arrest the petition should be heard since the arrest itself was illegal and cited Supreme Court judgments to buttress his contention. No information or notice was served to anyone, including the family, about the arrest, he submitted. On the ED raising doubt about the medical reports on Balaji's condition, he said if the ED does not accept the medical report of ESI doctors, it can very well get the opinion of AIIMS, New Delhi.
Earlier in the day. Chief Minister MK Stalin allocated the portfolios held by Balaji to Finance Minister Thangam Thennarasu and Housing Minister S Muthusamy. While Thennarasu will hold additional charge of Electricity, Muthusamy has been entrusted with Prohibition and Excise. Despite the opposition's demand to axe Balaji from the cabinet, he has been retained as a minister without a portfolio. The DMK has rallied behind the embattled minister and Stalin had slammed the BJP and warned it against any attempt to browbeat the party.
The principal opposition AIADMK and the BJP have been seeking removal from the ministry. A delegation of the AIADMK had called on Governor RN Ravi to press this demand.
