The Supreme Court on Friday sought response from the Tamil Nadu government on a plea seeking to recall its judgment granting bail to the state minister Senthil Balaji in an alleged money laundering case relating to cash-for-jobs scam.
Seeking details if the cases pending against Balaji and the number of witnesses which are required to be examined in the cases, a bench of Justice Abhay S Oka and Justice Augustine George Masih also directed the State government to furnish details about how many victims’ witnesses are public servants and how many are the common people.
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The bench said, “We want to know from the state how many victims are there. If there are a large number of victims, then obviously this man is occupying the position of cabinet minister, what will happen to the victims?”
The court sought details about the witnesses as Directorate of Enforcement (ED) told the bench that the reappointment of Balaji as a Cabinet Minister after his release from jail has brought undue pressure on witnesses.
The bench posted the matter for further hearing on January 15, 2025.
In the last hearing of the matter on December 2, 2024, the top court had expressed concern over Senthil Balaji being appointed as cabinet minister in the State government day after he was granted bail and the potential impact of his ministerial position on the witnesses.
“We grant bail, and the next day, you go and become a minister! This must stop. Anybody will be bound to think that witnesses will now be under pressure because of your position as a senior Cabinet Minister. What is this going on?”, the bench had observed hearing the plea seeking recall of the court’s September 26 judgment that enlarged Senthil Balaji on bail.
The September 26 judgment granting bail to Balaji was grounded on the sacrosanct constitutional principles of the protection of personal liberty under Article 21 of the Constitution and the need to curtail prolonged pre-trial detention under the stringent provisions of the Prevention of Money Laundering Act (PMLA).
“The law laid down in the September 26 decision is a salutary judgment that benefits others as well,” the court said.
Having expressed its concern over the appointment of Balaji as a Cabinet Minister in the ruling DMK government in Tamil Nadu, a day after he was granted bail, the top court had limited the scope of the hearing to a question whether Balaji’s ministerial appointment created an environment of fear or pressure among witnesses. The bench asked Balaji’s advocate to take instructions on this aspect.
