Efforts taken by Minister for Electricity, Prohibition and Excise V. Senthilbalaji’s wife to get the Madras High Court hear a habeas corpus petition against her husband’s arrest, by the Directorate of Enforcement (ED), did not fructify on Wednesday, June 14, 2023 because one of the judges in a Division Bench recused himself from hearing the case.
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When the petition was about to be listed before Justices M. Sundar and R. Sakthivel on Wednesday afternoon, the second judge in the Bench decided to recuse himself from the case. As per standing instructions, the High Court Registry would have to receive the recusal order and list the case before another Bench, comprising Justices J. Nisha Banu and D. Bharatha Chakravarthy.
Justice R. Sakthivel | Photo Credit: Special Arrangement
However, since the procedure would take time, Senior Counsel N.R. Elango, rushed to the Chief Justice S.V. Gangapurwala’s court and made a mention for urgent listing of the case. The Chief Justice said that it could be done only on the administrative side after he rises from the court on completion of his cause list for the day.
Due process
Earlier in the day, while making a mention for urgent hearing of the HCP before the Division Bench led by Justice Sundar, the Senior Counsel had accused the ED of having arrested the Minister without following due process of law. He said, the arrest intimation was not given to the family members of the Minister.
