High Court judge recuses himself from hearing Senthilbalaji’s case for want of clarification regarding bail plea

He wants the High Court to clarify whether his bail petition should be heard by the Principal Sessions Court or the special court for MP/MLA cases in Chennai

September 02, 2023 12:45 am | Updated 03:25 am IST - CHENNAI

V. Senthilbalaji

V. Senthilbalaji | Photo Credit: B. JOTHI RAMALINGAM

Justice R. Sakthivel of the Madras High Court on Friday recused himself from hearing a petition filed by Minister V. Senthilbalaji seeking a clarification whether his bail plea, in a money laundering case registered by the Enforcement Directorate, should be heard by the Principal Sessions Court or the special court for MP/MLA cases in Chennai.

When senior counsel N.R. Elango made a mention of the clarification petition before a Division Bench of Justices M. Sundar and R. Sakthivel, the latter recused himself. Hence, the Bench directed the High Court Registry to do the needful.

The direction was issued in the presence of N. Ramesh, Special Public Prosecutor for the Enforcement Directorate.

Second instance

On June 14 too, Justice Sakthivel recused himself from hearing a habeas corpus petition filed by the Minister’s wife questioning the legality of his detention.

In view of the present recusal, the clarification petition has been listed before another Division Bench of Justices R. Sureshkumar and K. Kumaresh Babu for hearing on Monday.

The clarification had been necessitated by the confusion prevailing over which of the two courts below should hear Mr. Senthilbalaji’s bail petition after the Principal Sessions Court had transferred the case to the special court for trial.

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