Senthil Balaji case: SC asks Madras HC chief justice to place matter before third judge after split verdict

Following the split verdict, the Supreme Court asked the chief justice of the Madras High Court to place the case before a third judge "at the earliest", suggesting the third judge to decide it as early as possible.

New Delhi: After the Madras High Court's split verdict on the habeas corpus plea for the release of DMK minister Senthil Balaji, the Supreme Court on Tuesday asked the chief justice of the high court to place the case before a third judge "at the earliest" and added that the new judge may decide it as early as possible. The top court turned down a plea by an Enforcement Directorate plea requesting it to decide the case rather than referring the matter to the third judge.

Solicitor General Tushar Mehta, representing the Enforcement Directorate, expressed apprehensions before a bench headed by justice Surya Kant and comprising justice Dipankar Datta regarding the tampering of the evidence in the case, and said an influential person is an accused and if the evidence were to be tampered then the damage is irreversible. Mehta said there are questions of law which this court may decide, instead of waiting for another bench to be constituted. Earlier in the day, a division bench of the high court delivered a split verdict in the matter.

Senior advocate Kapil Sibal, representing Balaji, submitted, how can a high court be bypassed like this? He pointed out that the Supreme Court had said the high court should consider first and now there is a split verdict, so it has to go to a larger bench. Opposing Mehta’s submissions that it is a question of law which will have to be decided by the apex court, Sibal said, “Under what circumstances can you bring it to this court?”

The bench observed that Solicitor General at the outset pointed out that the division bench had delivered a split verdict and now, it would ask the Chief Justice of the Madras High Court to place the matter before third judge at the earliest and also a request to the assigned bench to decide the case as early as possible. The top court said that the pendency of petition before it will have no bearing on proceedings before the high court.

The bench said if there is a split verdict of the high court, how can he be released on bail? Sibal said he will remain in judicial custody and it is as per law. Mehta urged the top court to note it in the order. Justice Kant said he will remain in custody unless otherwise decided. The top court said the matter will be heard on July 24.