Senthil Balaji’s Reinstatement as Minister: SC to Examine if Witnesses in PMLA Case Under Pressure
The Supreme Court on Monday expressed concern over V Senthil Balaji's appointment as a Tamil Nadu minister shortly after his release on bail. The Court highlighted the potential implications for witnesses in the money laundering case against him.
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih voiced its surprise at Balaji’s swift reinstatement in Chief Minister M.K. Stalin’s Cabinet, stating, “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 going on?”
The Court was hearing a plea seeking a recall of its September 26 order that granted bail to Balaji. The petitioners argued that Balaji’s ministerial position could intimidate witnesses, potentially jeopardizing the fairness of the trial. While the bench declined to reconsider the bail judgment, it limited its enquiry to the issue of witness protection. The Court remarked, “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.” Balaji’s counsel was directed to provide instructions on the matter, and the case was scheduled for further hearing on December 13.
The Supreme Court had granted bail to Balaji despite acknowledging a prima facie case against him. The decision was based on his prolonged detention since June 2023 and the low likelihood of the trial commencing soon. The Court emphasized that speedy trials should be a condition under special statutes with stringent bail provisions.
Balaji was arrested by the Enforcement Directorate (ED) on June 14, 2023, in connection with a money laundering case linked to a cash-for-jobs scam during his tenure as Transport Minister in the AIADMK government in 2015. The ED’s case was based on three FIRs registered by local police in 2018, which alleged that Balaji had facilitated illegal recruitment in exchange for money.
After his release, Balaji was reappointed as a minister in Tamil Nadu’s Cabinet with portfolios including electricity, non-conventional energy development, prohibition, and excise. This move has drawn criticism, as it raises concerns about the impact of his position on the judicial process and witness testimony.
While the Supreme Court upheld its earlier decision to grant bail, its focus on witness protection underscores the judiciary’s commitment to ensuring fairness in high-profile cases. The next hearing on December 13 will address the concerns regarding potential witness intimidation arising from Balaji’s reinstatement.
Bench: Justice Abhay S. Oka, Justice Augustine George Masih
