Senthil Balaji Sabotaging Trial, Seeking Adjournments On Frivolous Grounds : ED Tells Supreme Court

Solicitor General Tushar Mehta appearing for the Enforcement Directorate told the Supreme Court on Friday (December 13) that the trial against Senthil Balaji in the alleged cash for jobs scam has been sabotaged.

“Trial is sabotaged. I have my affidavit”, Mehta said.

A bench of Justice Abhay S Oka and Justice Pankaj Mithal allowed ED to file it affidavit in a plea seeking to recall its earlier judgment granting bail to Senthil Balaji in a money laundering case related to an alleged cash-for-jobs scam in Tamil Nadu.

The recall has been sought on the ground that Balaji's appointment as a Cabinet Minister in Tamil Nadu shortly after he was granted bail is causing undue pressure on the witnesses against him.

The ED in the affidavit has alleged that despite the Supreme Court's earlier direction to expedite the trial, Balaji's actions show a deliberate attempt to delay proceedings. The affidavit noted that PW4, a crucial scientific expert, was repeatedly summoned, cross-examined, and adjourned, resulting in a prolonged trial.

“That despite this Hon'ble Court's directive to expedite the trial, Sh. V Senthil Balaji has drawn out the cross examination of PW- 4 on one pretext or another for nearly two months. This blatant disregard for the Supreme Court's instructions is a clear attempt to procrastinate and delay the trial proceedings. In the light of the foregoing, it is amply clear that Sh. V Senthil Balaji has violated the direction given by this Hon'ble Court by seeking adjournments on non-existent or frivolous grounds or creating hurdles in the early disposal of the cases mentioned above”, the affidavit reads.

During the hearing today, Justice Oka observed that the matter had to be heard by the same bench that granted bail to Balaji and noted that the bench would be available the following week.

The Solicitor General requested the court's permission to file the affidavit since no notice had been issued in the matter yet. Justice Oka asked him to serve copies of the affidavit to all parties.

In its order, the bench permitted the ED to file the affidavit and listed the matter for hearing on December 18. “We permit Enforcement Directorate to file an affidavit dealing with the application.”

ED's affidavit

The ED's affidavit highlights that Balaji was reinstated as a Cabinet Minister for Electricity, Prohibition, and Excise in Tamil Nadu within 48 hours of his release on bail on September 26, 2024. It noted that even during his eight-month incarceration as an undertrial prisoner, Balaji served as a minister without portfolio and resigned only a day before his bail application was listed for final hearing in the High Court.

The ED has expressed apprehensions regarding the influence Balaji could exert on witnesses, given his ministerial position. It pointed out that several key witnesses in the prosecution's complaint were individuals who had worked under Balaji during his tenure as Transport Minister, raising concerns about their ability to testify impartially.

The affidavit provides a timeline detailing disruptions in the trial since Balaji's release:

• On September 26, 2024 and September 30, 2024, PW4, a state forensic expert and a key witness, sought adjournments on health grounds and failed to appear in court.
• On October 04, 2024, the witness appeared after a non-bailable warrant (NBW) was issued. His cross-examination began but was repeatedly delayed due to Balaji's requests, including seeking cloned copies of digital evidence and a change of senior counsel.
• November 7, 2024: Defence counsel requested time to brief a new senior counsel due to festival holidays. The court imposed costs of Rs. 1,000 on the defence for delaying PW4's cross-examination.
• Hearings on October 29, 2024, November 07, 2024, November 15, 2024, November 22, 2024, and November 29, 2024 were adjourned on various grounds, including the festival holidays and inability to brief new counsel.

Background

As per the September 26 judgment, the Supreme Court granted bail to Balaji, 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 Court also held that the requirement of speedy trial must be read as a condition in special statutes which impose stringent bail conditions.

On September 29, Balaji took oath as the Minister in the Cabinet led by Chief Minister MK Stalin, with charge over the portfolios of electricity, non-conventional energy development, prohibition & excise.

On December 2, the Supreme Court expressed surprise at Balaji's appointment as a Cabinet Minister soon after being granted bail. In that hearing, a bench comprising Justice Oka and Justice Augustine George Masih refused to recall the judgment granting bail but limited the scope of inquiry to whether witnesses in the case might be under pressure due to Balaji's ministerial position.

Justice Oka had remarked during the December 2 hearing, “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.”

Case no. – MA 2454/2024 in Crl. A. No. 4011/2024

Case Title – K. Vidhya Kumar v. Deputy Director and Anr.