SC raises concerns over Senthil Balaji's ministerial appointment post-bail

Court to review potential witness intimidation, but refuses to overturn bail decision; next hearing scheduled for December 13

The Supreme Court, on Monday, expressed concern over the appointment of V Senthil Balaji as a Tamil Nadu minister shortly after being granted bail. The court indicated it would review whether this development might have influenced witnesses to feel threatened, according to a report by the Times of India.

 

A bench consisting of Justice Abhay S Oka and Justice Augustine George Masih refrained from overturning the bail decision but stated it would focus on examining potential witness intimidation.

 

Justice Oka remarked, "We grant bail, and the next day, you assume a ministerial role. Naturally, people might believe that, given your new position as a senior member of the Cabinet, witnesses could be under pressure. What is happening here?"

 

This discussion arose during the petition hearing seeking to revisit the September 26 bail decision made under the argument that Balaji’s ministerial appointment after his release could influence witnesses negatively.

 

While the bench decided against recalling the original ruling, it emphasised that the inquiry would solely address whether witnesses were under undue influence. It directed Balaji's attorney to gather relevant instructions and set the next hearing for December 13.

 

The court pointed out that given the severity of the allegations against Balaji, who is involved in serious offences, witnesses might feel discouraged to testify against him while he holds a ministerial post. The court clarified that it had no intention of interfering with the original judgment's merits but would restrict its focus to this concern.

 

Balaji arrest, bail, and swearing-in

 

Balaji had been arrested on June 14, 2023, for his alleged involvement in a cash-for-jobs scam linked to his tenure as Transport Minister under the previous AIADMK government.

 

The Enforcement Directorate (ED) detained him after an Enforcement Case Information Register (ECIR) was initiated in 2021 under the Prevention of Money Laundering Act. This ECIR stemmed from three FIRs filed in 2018 by local police, implicating him in the cash-for-job scheme during his time as Transport Minister in Jayalalithaa’s Cabinet in 2015.

 

The Supreme Court had granted Balaji bail despite finding a preliminary case against him, citing his extended detention since June 2023 and the improbability of an imminent trial. The court also noted that a swift trial should be considered a condition for special statutes imposing strict bail requirements.

 

Following his release, Balaji was sworn in as a minister in Chief Minister MK Stalin's cabinet, overseeing the electricity, non-conventional energy development, and prohibition & excise portfolios.