The two judges on the division bench, Justices Nisha Banu and D Bharatha Chakravarthy had agreed on the aspect of maintainability but they differed on the issue of the powers of the ED to seek custody of an arrested person.
While Justice Banu ruled that the minister’s arrest by ED illegal, Justice Chakravarthy differed and held that there had been no illegality or misuse of law in Senthil Balaji’s arrest and, therefore, the Habeas Corpus petition (HCP) was not maintainable.
The division bench had, therefore, referred the matter to the Chief Justice to place it before a third judge.
Source: Barandbench
