‘We grant bail and you become minister next day’: SC in Senthil Balaji case

The Supreme Court on Monday (December 2) expressed surprise over the reinstatement of Senthil Balaji as the Tamil Nadu minister soon after he was granted bail in the money laundering case related to the cash-for-jobs scam.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih was hearing a plea seeking to recall the judgement which granted bail to Balaji on the ground that witnesses would be under pressure since Balaji was appointed the minister after his release.

As per LiveLaw, Justice Oka observed while hearing the application: “We grant bail and the next day you go and become Minister! Anybody will be bound to be under the impression that now with your position as a senior Cabinet Minister witnesses will be under pressure. What is this going on?”

Also read: Former TN minister Senthil Balaji granted bail by SC in money laundering case

Won’t recall judgement, says SC bench

The bench, however, said that it would not recall the judgement as the law laid down in there as it was benefitting several other persons. Saying that it would limit the scope of enquiry to whether the witnesses were under pressure, the bench asked Balaji’s counsel to get instructions and posted the matter to December 13.

“We reiterate the law laid down in the said decision. However, the current application is based on the apprehension that immediately after we enlarged the respondent no. 2 (Balaji) on bail by order dated 26 September, 2024 the second respondent has been appointed as a Cabinet Minister...the apprehension is that considering the seriousness of allegations against the second respondent in the predicate offences, the witnesses may not be in the frame of mind to depose against the second respondent who is holding the position of cabinet minister…This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgement on merits and adjudication of the application remains confined to the aforesaid. Today we are not issuing notice. Learned Senior Counsel appearing for the second respondent seeks time to take instructions. List on 13th December,” the bench observed.

Granted bail due to delay in trial

The Supreme Court granted bail to Balaji on September 26, despite finding that there was a prima facie case against him, on the ground of his long incarceration (since June 2023) and the unlikelihood of the trial commencing soon. The apex court also held that the requirement of speedy trial must be read as a condition in special statutes which impose stringent bail conditions.

Also read: 'Your sacrifice is big, your resolve is bigger': Stalin hails Senthil Balaji who gets bail

Welcoming the bail relief to Balaji, Tamil Nadu Chief Minister MK Stalin had accused the BJP of using the Enforcement Directorate to oppress political opponents.

Subsequently, Balaji took oath as the minister in the Cabinet led by CM Stalin on September 29, with charge over the portfolios of electricity, non-conventional energy development, prohibition and excise.

Forty-nine-year-old Senthil Balaji is a four-term MLA who started his political career with the DMK, then switched to the AIADMK before returning to the DMK. He was arrested in June last year in connection with corruption allegations during his tenure as Tamil Nadu transport minister in the J Jayalalithaa government from 2011 to 2015.