Madras High Court Clears Jurisdictional Confusion: Directs Chennai Principal Sessions Court to Hear V. Senthil Balaji’s Bail Plea
In a significant legal development, the Madras High Court has provided clarity on the jurisdictional confusion surrounding the bail application of V. Senthil Balaji. The Chennai Principal Sessions Court has been directed to take up the matter, following a series of refusals by both the sessions court and the special court designated for cases involving MPs and MLAs.
The directive was issued by a division bench of the Madras High Court, comprising Justices R Suresh Kumar and K Kumaresh Babu. Their decision comes in the wake of Balaji’s plea seeking clarification after multiple courts declined to hear his bail application, each citing a lack of jurisdiction.
The crux of the issue revolved around a previous order by the principal sessions judge. This order had transferred Balaji’s money laundering case to a special court, which was exclusively set up to handle cases against MPs and MLAs. However, the High Court, after examining the matter, found that this transfer did not align with the guidelines and provisions set out in the Prevention of Money Laundering Act (PMLA).
V. Senthil Balaji is facing charges under Section 4 of the PMLA. The Act is explicit in its directive that offenses falling under Section 4, along with any associated scheduled offense, should be tried by the special PMLA court. This court is designated based on the territorial region where the alleged offense took place.
The High Court’s statement provided a clear perspective on the matter:
“Given the circumstances, the territorial jurisdiction of this case is undeniably Chennai. This places it under the purview of the principal district judge of Chennai. Given that the alleged offense is punishable under section 4 of the PMLA, it is only logical for it to be tried by the designated court. Consequently, in our comprehensive view, the bail application should be heard and decided solely by the principal sessions judge in Chennai.”
This decision by the Madras High Court not only underscores the importance of adhering to jurisdictional norms but also paves a clear path for Balaji’s bail application, ensuring that the rule of law is upheld and that cases are tried in the appropriate courts as mandated by the law.
