'We Grant Bail & Next Day You Become Minister!' : Supreme Court To Examine If Witnesses Against TN Minister Senthil Balaji Are Under Pressure

The Supreme Court on Monday (December 2) expressed surprise at the fact that Senthil Balaji was appointed as Minister in Tamil Nadu 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 judgment which granted bail to Balaji on the ground that witnesses would be under pressure since Balaji was appointed Minister after his release.

While hearing the application, Justice Oka observed: "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?" 

The bench however said that it would not recall the judgment 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.

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.

Case : K. VIDHYA KUMAR Versus THE DEPUTY DIRECTOR AND ANR. MA 2454/2024 in Crl.A. No. 4011/2024