The Supreme Court on Wednesday declined to entertain the Enforcement Directorate’s appeal challenging Madras High Court’s decision to admit a habeas corpus petition filed by jailed Tamil Nadu minister Senthil Balaji’s wife Megala who had alleged that he was arrested illegally.

A habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court, especially to seek the person’s release, unless lawful grounds are shown for the detention.

A Supreme Court vacation bench of Justices Surya Kant and M.M. Sundresh also asked the ED to express before the high court its grievance that the custodial interrogation period of Balaji should exclude the period of treatment undergone by him at a private hospital.

However, while declining to entertain the ED’s special leave petition, the Supreme Court did not dismiss it outright, posting it for further hearing on July 4. The habeas corpus plea comes up before the high court on Thursday.

“The high court is yet to render its final opinion on the following issues : (i) Maintainability of the habeas corpus petition; (ii) The exclusion of the period of treatment undergone by the detenu from the period of custodial interrogation. Since both these issues are likely to be examined by the high court on the date fixed, i.e., 22-06-2023 or soon thereafter, we deem it appropriate to post these... petitions for further hearing on 04-07-2023,” the Supreme Court said.