The Madras High Court is currently considering the bail plea of Tamil Nadu Minister without portfolio V Senthil Balaji, arrested by the ED in connection with a money laundering case.
The hearing took place on 30 January 2024 before Justice Anand Venkatesh. Senior Advocate Aryama Sundaram, representing Balaji, pointed out an error in the sessions court order regarding his brother’s alleged absconding, citing a recent Supreme Court judgment that says the absconding of co-accused was not a ground to deny bail.
Justice Anand Venkatesh expressed concern over Balaji being in custody for over 230 days and questioned the fairness of him continuing as a minister without portfolio. The judge emphasized the equality of the law for all, noting that the circumstances leading to the previous bail denial seemed unchanged, and asked the ED to file a counter, and the case has been adjourned to 14th February 2024.
Breaking :Senthil Balaji bail plea: Justice Anand Venkatesh asks Sr counsel representing VSB ,how will it look if a judge is accused of such an offence and continues to be a judge without any portfolio allocated to him by the CJ?
Honourable judge grants time till Feb 14 for… pic.twitter.com/YR6zVxp7U2
— karthik gopinath (@karthikgnath) January 30, 2024
Justice Anand Venkatesh opined, “He has been inside for more than 230 days. Already a division bench had expressed that it will not be in fairness to continue him as minister without portfolio for a long time. Even a lowest rank employee, if arrested is considered to be suspended within 48 hrs. Here he’s been in arrest for so long. If suppose a judge is accused of a criminal case. What will be the message sent out if he continues to be in position even after that?”
The counsel for Senthil Balaji replied saying that Balaji being a minister was crucial for S.439 but shouldn’t come in the way of him seeking bail as a human being.
Court asks ED to file counter.
Case adjourned to February 14th.#MadrasHC#SenthilBalaji— Live Law (@LiveLawIndia) January 30, 2024
Senthil Balaji, the former Excise and Transport Minister in the Tamil Nadu Cabinet, was apprehended by the Enforcement Directorate (ED) on 14 June 2023, under the Prevention of Money Laundering Act, 2002. This arrest is linked to a money laundering case associated with a cash-for-jobs scam that occurred while he served as the Transport Minister in the AIADMK regime from 2011 to 2016.
Shortly after being arrested, he underwent a bypass surgery in a private hospital. Subsequently, the Enforcement Directorate (ED) detained him for questioning, leading to his placement in judicial custody. The court consistently extended his remand at regular intervals. His custody has been extended 17 times, with the latest extension granted by Principal Sessions Court Judge S. Alli after a video conference with the minister, who is currently held at the Puzhal Central Prison.
Balaji, accused of amassing wealth beyond known sources of income, underwent a bypass surgery after his arrest. The ED filed a 3,000-page charge sheet on 12 August 2023, alleging his involvement in turning the recruitment process in the Tamil Nadu Transport Department into a corrupt affair.
Despite multiple bail pleas, including one in the Supreme Court, citing health issues, Balaji’s requests have been denied based on concerns of potential influence on witnesses and the serious nature of the charges. Recently The Madras High Court also emphasized that his release on bail could lead to interference with the case with reasoned concerns about his past conduct, current role as Minister without Portfolio, his brother’s abscondence, and an attack on Income Tax Officials, collectively suggesting a potential influence on witnesses if granted bail. The court concluded that these factors make his release on bail undesirable.
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