Thread by @LiveLawIndia

#DistrictSessionsJudge Alli is now hearing an application moved for rejecting the remand of Minister Senthil Balaji
#SenthilBalaji
#Senthilbalajiarrest

The judge had earlier visited Balaji in the hospital and remanded him to judicial custody for a period of two weeks.
#SenthilBalaji

Senior Counsel NR Elango, appearing for Balaji says that the ED officials have put the final nail on the Democratic, human rights and all procedures known to law.
#SenthilBalaji

Elango- Offence was in the year 2014. All these years, ED did not want to enquire or arrest. Now they want to arrest since elections are coming in 2024
#SenthilBalaji

Elango- Since 7 am yesterday till 2am today he was interrogated, which is an admitted fact. No family member, friend or advocate was allowed to meet him. Summons was issued for searching the office premises which he corporated with.
#SenthilBalaji

Elango- In 2014 he was having a different portfolio and had a different chamber. Now he is holding a different portfolio, different chamber. I don't know what the nexus of searching his current chamber is.
#SenthilBalaji

Elango- At 1 am they issued another summons asking him to come with them. As per Chapter 41A of CrPC, it is imperative that any officer who wishes to arrest should issue notice.
#SenthilBalaji

Elango- I hear prosecutor saying that this provision is not applicable to ED.
In sathyendra kumar case and other matters, SC has noted that non compliance would entitle for bail.
Thus, saying that ED is above 41A is unacceptable.
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#senthilbalajiraid

Elango- Family members were not informed about the arrest. Accused was not informed about grounds of arrest. In Madu limaye case, the SC highlighted the right of accused to know the reason for arrest. Which is why it has also been included as right under constitution.… twitter.com/i/web/status/1…

Elango- Thus, arrest is illegal which cannot be given a clean certificate by the court. The ED which always acts in an inhuman manner has acted like that in this case also. The ED which always acts in an inhuman manner has acted like that in this case also. When doctors noted… twitter.com/i/web/status/1…

Elango- But they have also agreed with the doctors that he needs immediate surgery. I'm not talking about his Liberty now. I'm talking about his life.
If he does not undergo immediate surgery, his life is in danger. Which is why I plead your honour to consider interim bail on… twitter.com/i/web/status/1…

Elango- I seek three prayers each in alternative of another. First rejection of judicial custody. Second interim bail till the bail application is heard. Third is to immediately transfer him to Kauvery Hospital for medical treatment.
#SenthilBalaji

Additional Solicitor General ARL Sundaresan appears for the ED.
Sundaresan- At the time of remand when your honour asked him if he knew why he was arrested he aswered yes. It was he who refused to accept the ED summons.
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#SenthilBalajiarrest

Sundaresan - Rejecting remand now is infructuous since remand has been granted by your honour after considering all opposition and after hearing him.
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Sundaresan- As per law, in PMLA cases, no person should be granted bail till the twin conditions are satisfied. CrPC is applicable as long as it is not in the way of a special enactment. A different yardstick has to be applied in these cases.
#SenthilBalaji

Sundaresan- We have informed the accused. His brother and wife refused to accept phone calls. We have sent emails. Thus, we have complied with all provisional requirements.
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Sundaresan - They say that he needs immediate treatment. We say it's not so. We request an independent medical board to be constituted.
#SenthilBalaji

Elango- The Omandurar hospital has said that he has 3 blocks of 70%. Let the independent medical team look at him. But if found to be true, the officer who's instructing them should be punished for perjury.
#SenthilBalaji

Orders Reserved
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#SenthilBalajiArrest