The Supreme Court on 23 April 2025 acknowledged that it made a mistake in granting bail to Tamil Nadu Minister Senthil Balaji in a money laundering case, stating that the decision was based on the incorrect assumption that he was no longer holding ministerial office.
A two-judge bench of Justices Abhay S. Oka and Augustine George Masih was hearing a plea by the Enforcement Directorate (ED) seeking cancellation of the bail granted to Balaji on 26 September 2024. The ED argued that Balaji resumed his role as a minister shortly after obtaining bail and could potentially influence witnesses in the ongoing case linked to a cash-for-jobs scam.
The court observed that it had not taken into account earlier judicial findings against Balaji when bail was granted. “We will record it in the order that we have made a mistake by ignoring the judgements against you, because the entire hearing proceeded on the footing that he is no longer minister. We will accept our mistake,” Justice Oka said.
Balaji was reappointed as Minister for Electricity, Non-Conventional Energy Development, and Excise on 29 September 2024, just three days after his bail was granted. His continuation in the state cabinet for the past 207 days was not flagged during earlier hearings, the court noted.
Justice Oka clarified that the bail had been granted on the grounds of long incarceration and delay in trial proceedings under Article 21 of the Constitution, not on merits of the case. The court said it would now consider whether Balaji’s resumption of ministerial duties constituted a change in circumstances that justified revoking bail.
The bench raised concerns about the possibility of Balaji influencing witnesses, referencing a previous judgment which had found that he, as a minister, had coerced individuals to withdraw corruption complaints against him.
Solicitor General Tushar Mehta, appearing for the ED, pointed out that Balaji had claimed to have resigned as a minister when seeking bail. Senior advocate Gopal Sankaranarayanan, representing a witness in the case, argued that Balaji’s continued presence in office posed a threat to witness safety.
Senior Advocate Kapil Sibal, representing Balaji, said that shifting the trial out of Tamil Nadu could be considered if there were concerns about interference. However, the court stated that such a move would not resolve the issue, especially given the scale of the witness pool involved.
The court gave Balaji time until 28 April 2025 to step down from his ministerial role, warning that failure to do so may result in cancellation of his bail. The matter will be taken up again on Monday (28 April 2025).
(With inputs from The New Indian Express)
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