‘ED do not have powers of police, can’t hold custody beyond first 24 hrs of arrest’

Chennai: The Madras High Court on Tuesday delivered a split verdict in the case relating to the alleged illegal custody of arrested Tamil Nadu Minister V Senthil Balaji, even as the Supreme Court asked the lower court to place his habeas corpus petition before three judges “at the earliest” following the differing ruling.

Justices J Nisha Banu and D BharathaChakravarthy gave the ruling on the HCP filed by Balaji’s wife agaisnt her husband’s “illegal detention”.

While Justice Nisha Banu set Balaji at liberty, the other judge disagreed with it.

Justice Banu also observed that since the Enforcement Directorate officer do not have the powers of a Station House Officer under the Prevention of Money Laundering Act, they could not have moved for custody of the minister.

“Under the present scheme, the officers empowered to arrest under Sec 19 of PMLA, 2002, are required to produce the accused to the competent ccourt within 24 hours of arrest and seek only Judicial remand and the same may be ordered by the judicial magistrate under the extant provisions of the Act.

In effect, ED cannot hold custody of any person beyond the first 24 hrs of arrest,” said Justice Banu.