On 2 December 2024, the Supreme Court expressed surprise over the decision to appoint Senthil Balaji as a Minister in Tamil Nadu just after he was granted bail in connection with a money laundering case linked to the cash-for-jobs scam.
A bench consisting of Justice Abhay S. Oka and Justice Augustine George Masih was hearing a petition to revisit the bail decision. The petitioners argued that Balaji’s appointment as a Minister after his release could put witnesses at risk of pressure, given his influential position.
During the hearing, Justice Oka remarked, “We grant bail, and the very next day, he becomes a Minister! Anyone would be inclined to think that, with his new position as a senior Cabinet Minister, witnesses could be intimidated. What is going on here?”
Despite these concerns, the bench clarified that it would not revisit the bail order, noting that the judgment had established legal principles that were beneficial to other individuals in similar cases. However, the bench acknowledged the need to look into whether the witnesses in Balaji’s case could be under undue pressure due to his appointment. It asked Balaji’s counsel to seek instructions and posted the matter for further hearing on 13 December 2024.
The bench stated, “While we affirm the law laid out in the September 26 decision, this application raises concerns that, following Balaji’s bail on September 26, 2024, he was appointed as a Cabinet Minister. Given the seriousness of the allegations against him, there is a real fear that witnesses may be reluctant to testify. This is the only issue we are considering at this stage, and we will not revisit the merits of the bail order. For now, we are not issuing a notice. The counsel for the second respondent (Balaji) has requested time to seek instructions. The matter will be listed again on 13 December.”
In its September 26 judgment, the Supreme Court granted bail to Senthil despite finding a prima facie case against him. The Court justified its decision by citing his prolonged detention (since June 2023) and the improbability of the trial commencing soon. It also emphasized that the right to a speedy trial should be considered a condition under special statutes that impose strict bail conditions.
On 29 September, just days after being granted bail, Balaji took the oath of office as a Minister in Chief Minister MK Stalin’s Cabinet, assuming responsibility for the portfolios of electricity, non-conventional energy development, and prohibition & excise.
(With Inputs From Live Law)
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