Former Tamil Nadu Minister Senthil Balaji was granted bail by a Supreme Court bench headed by Justice Abhay Oka on Thursday, September 26, after spending over 15 months in jail. The court granted him conditional bail, considering his prolonged detention under the Prevention of Money Laundering Act (PMLA). Balaji’s arrest stemmed from allegations of illegal money transfers and bribery related to job appointments during his tenure as the state’s Transport Minister.
Conditions for Bail
The Supreme Court laid out strict conditions for Senthil Balaji’s release:
- He must provide a ₹25 lakh surety from two individuals.
- He cannot contact or influence the witnesses and victims, directly or indirectly.
- He is required to report to the Directorate of Enforcement, Chennai, every Monday and Friday between 11 a.m. and 12 p.m.
- He must also appear before investigating officers on the first Saturday of every month regarding three pending criminal cases.
- He must surrender his passport and attend all court hearings.
- He cannot request unnecessary adjournments during the trial.
Legal Journey Leading To Bail
Senthil Balaji’s legal troubles began with allegations of bribery during the recruitment process for various positions in the Tamil Nadu Transport Department in 2014. He was accused of accepting bribes for job placements as the then-Transport Minister, a charge that was later formalized under the Prevention of Bribery Act. Following complaints by victims who had paid for jobs but were not appointed, a First Information Report (FIR) was filed against him in 2018, and a charge sheet was submitted.
The case took a major turn in 2023 when the Enforcement Directorate (ED) arrested Senthil Balaji under the PMLA for his involvement in a money laundering case linked to the bribery allegations. The Madras Principal Sessions Court rejected his repeated bail petitions, the Madras High Court, and even the Supreme Court, until the recent judgment.
The Strategy Of Making 2,000 People Accused
A key aspect of Balaji’s legal strategy involved turning the tables on the victims of the bribery scheme. The police, in collaboration with the accused, registered cases against around 2,000 individuals who had allegedly paid bribes to secure jobs in the Transport Department. This action complicated the case significantly. It is alleged that charging the victims of bribery was a deliberate move to muddy the waters, creating a vast pool of accused individuals that would make it almost impossible to conclude the trial in a reasonable timeframe.
These 2,000 individuals, including some who had originally paid bribes hoping to secure jobs, were now listed as co-accused in the case. This added layer of complexity not only delayed the judicial process but also provided grounds for Senthil Balaji’s eventual release on bail.
Speaking in a news debate, BJP TN State Secretary SG Suryah said, “The CM states that the court is the final place where freedom can be grated. But what they forget is that when a bail plea was placed earlier, the same Supreme Court had denied it. But at that time, it was only a few days after arrest and now it is more than 450 days after arrest. Let me take you back to the origins of this case. DMK had placed the allegations forward but the present CM who was the then leader of the opposition had stated that if DMK came to power, he (Senthil Balaji) would be behind bars. In today’s judgement, there are a few things. For example, how the money was deposited, about 1.36 crores was deposited in Senthil Balaji’s account. When this was being investigated, what he said was that 80 lakhs was his MLA salary and he had deposited that. Today, even a small company transfers money (salary) to their employees’ accounts. Now the same is being done for MLAs as well. It is not given in cash. So, things are not adding up there. All this is the reason why he was in jail for 470+ days.”
Responding to the allegations that the arrest was politically motivated, Suryah said, “When the chargesheet was filed, Senthil Balaji was admitted in the hospital stating he is not well. It was also presented in court that he had got the case adjourned 12 times. Due to this, the bail conditions are strict. Especially, the F condition states that adjournment must not be requested for frivolous reasons. The reason for this specific condition is that he has done this previously and this was placed as an argument to deny bail. This itself is a DMK-conspiracy. Let me tell you how. By the time the case reached the Supreme Court (Ramasubramaniam bench), the 2000 people who had given ‘bribe’ were victims. Now in order to save him, all of the victims were named as co-accused. You know how difficult it is to conduct a trial for one single accused, our Indian judicial system is like that. Even the judgement says that it will take about 400 years to cross-examine each of the witnesses and take the case forward. What we must ask is that people give money and request a government job, and they are cheated. How can these people become accused? I don’t think this has happened, at such a scale in any case so far. Because of this conspiracy only he was granted bail. Only 4 of them were accused, Senthil Balaji, his brother, the PA, and one more person. Now all those who gave money became accused. There is no observation in the judgement of any coercion anywhere. It is a political statement; everyone says that even Hemant Soren said that. He is out now, if he can reveal who said that we will take action.”
Bail Granted Amidst Trial Delays
The Supreme Court, while granting bail, observed that the trial could not be concluded within the next three to four years, given the enormous number of accused and witnesses involved. With over 550 witnesses and 2,000 accused, the court highlighted that further detention would violate Balaji’s fundamental right to a speedy trial, as enshrined under Article 21 of the Constitution of India.
The court also pointed out that while the PMLA imposes stringent conditions for bail under Section 45(1)(iii), these cannot be used to keep an individual in jail for an indefinite period without trial. Justice Oka, in his judgment, emphasized that Senthil Balaji’s detention for over 15 months without the possibility of a swift trial was in contravention of his fundamental rights.
Case Background
Senthil Balaji’s political career has seen its share of ups and downs. Starting as a local body representative for DMK, he switched allegiance to AIADMK and served as the Transport Minister from 2011 to 2015. After a fallout within AIADMK and subsequent political shifts, Balaji returned to DMK in 2018 and was appointed Minister for Electricity, Prohibition, and Excise in 2021.
The recruitment scandal erupted in 2014, when the Transport Department, under Balaji’s leadership, advertised for several positions, including drivers, conductors, and engineers. Allegations soon surfaced that bribes were paid for job placements. Multiple complaints were filed, and investigations began, eventually implicating Balaji in a widespread bribery scheme.
Following the change of government in 2021, the ED took up the case under the PMLA, accusing Balaji of laundering money obtained through illegal means. Despite efforts to quash the case, including petitions filed in both the Madras High Court and the Supreme Court, Balaji was arrested in June 2023. His detention was extended multiple times, with the Supreme Court finally ruling in September 2024 that further detention without trial was unjust.
With the trial still pending and over 2,000 accused individuals to be cross-examined, the case is set to continue probably for years. However, Senthil Balaji’s ability to secure bail after prolonged detention marks a significant moment in his legal battle, underscoring the complex interplay of legal, political, and administrative maneuvers that have shaped this case.
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