"We grant bail and next day you become Minister": Supreme Court to Senthil Balaji

New Delhi: The Supreme Court on Monday was surprised after knowing that Senthil Balaji was appointed as Minister in Tamil Nadu soon after he was granted bail in the money laundering case related to the cash-for-jobs scam.
A bench of Justices Abhay S Oka and Augustine George Masih said, "We grant bail and the next day you go and become Minister. Anybody will be bound to be under the impression that now with your position as a senior cabinet minister witnesses will be under pressure. What is this going on?"
The top court was hearing a plea seeking to recall the September 26 judgment by which it had granted bail to Balaji on the ground that witnesses would be under pressure since Balaji was appointed minister after his release.
The bench said that it would not recall the judgment but it would limit the scope of enquiry to whether the witnesses were under pressure.
It asked Balaji's counsel to get instructions and posted the matter to December 13.
"The apprehension is that considering the seriousness of allegations against the 2nd respondent (Balaji) in the predicate offences, the witnesses may not be in the frame of mind to depose against the 2nd respondent who is holding the position of cabinet minister... This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgement on merits and adjudication of the application remains confined to the aforesaid," said the apex court.
On September 26 judgment, the apex court granted bail to Balaji, despite finding that there was a prima facie case against him, on the grounds of his long incarceration, since June 2023, and the unlikelihood of the trial commencing soon.
On September 29, Balaji took oath as the minister.
Balaji, was arrested on June 14, 2023, in connection with a money laundering case linked to a cash-for-jobs scam when he was the Transport Minister during an earlier AIADMK regime.
The ED had arrested Balaji in connection with an Enforcement Case Information Register (ECIR) filed under the Prevention of Money Laundering Act in 2021.
The ECIR was registered on the basis of three FIRs lodged against him by the local police in 2018 for his alleged involvement in a cash-for-job case when he was the Transport Minister in Jayalalithaa's Cabinet in 2015.
The charges date back to his tenure as transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.
He joined the Dravida Munnetra Kazhagam (DMK) in December 2018 and assumed office as the Electricity Minister after the party came to power in May 2021.