Supreme Court To Hear Ex-TN Minister Senthil Balaji's Bail Plea In Money Laundering Case Tomorrow

The Supreme Court today (May 15) adjourned the bail petition filed by former Tamil Nadu Minister V Senthil Balaji to tomorrow. The MLA and former Minister has challenged a Madras High Court order denying him bail in a money laundering case over the cash-for-jobs allegations.

The bench of Justices AS Oka and Ujjal Bhuyan granted the adjournment at the request of the Solicitor General who said that he had to appear before  a Special Bench regarding the challenge to the GST Penal Provisions

Senior Advocates Aryama Sundaram and Mukul Rohatgi (appearing for Balaji) requested for an early hearing, saying that Balaji has undergone a Bypass surgery and has been in custody for a long period of time. 

Justice Oka verbally observed that a priority hearing cannot be given to the former Minister merely on the ground that he has been in jail for over 300 days as there have been instances where the accused persons have been incarcerated for years under the PMLA provision and yet are not able to seek immediate relief.

" We are getting umpteen numbers of matters in PMLA, we have been granting relief, but there are people in jail for 2 years also... We are not impressed with your submission that because he is in custody for 300 days he should be given priority, there are other cases where a person has been (in jail) for more than half or approximately half..."

SG Tushar Mehta told the bench that the High Court in its impugned order directed that the trial be completed within 3 months. Despite the said order, Balaji has moved a discharge petition and judgement has been reserved with respect to that. 

"While rejecting the bail, High Court states expedite the trial and complete it within 3 months. After that he files a discharge petition raising all grounds which are raised here, he keeps seeking that , judgment is reserved. Thereafter he still goes to the Trial Court to argue which is heard and now judgment is reserved."  

On the other hand, Mr Sundaram stressed that the MLA has been in custody for over 330 days now. It was requested that the Court may at least consider the question of interim bail 

"One ground which I am submitting on which I will succeed My Lords, the whole ground for 'proceeds of crime' is a certain, according to them some sheet which the High Court has relied upon. That document is not found in the entire forensic report, in the entire report that document doesn't exist. Without that, there are no proceeds of crime," he submitted.

In the last hearing, the Court posted the matter to May 15. 

Balaji was a Minister in Tamil Nadu government's transport department between 2011-2016. In the said capacity, he was accused of having orchestrated, alongwith his personal assistants and brother, collection of money by promising job opportunities in various positions of the Department. Statedly, several complaints were filed against the accused by candidates who paid money but could not secure employment. 

Based on the above allegations, the Enforcement Directorate registered an ECIR and arrested Balaji in June, 2023. When the former Minister approached the Madras High Court for bail, relief was denied for lack of merits. However, considering that Balaji had been incarcerated for more than 8 months, the High Court directed the Special Court to complete the trial within 3 months.

Aggrieved by the denial of bail, Balaji approached the Supreme Court.

Case Title: V. Senthil Balaji v. The Deputy Director, SLP(Crl) No. 3986/2024