The Supreme Court of India, in a significant legal development, has deferred the bail hearing of Tamil Nadu Minister V. Senthil Balaji to November 28, directing him to submit his latest medical reports. The bench, comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma, was hearing Balaji’s special leave petition against the Madras High Court’s decision to deny him bail on medical grounds.
Senior Advocate Mukul Rohatgi, representing Balaji, highlighted the minister’s precarious health condition, stating,
“He is likely to have a brain stroke if not treated.”
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In response, the bench directed Rohatgi to submit the latest medical reports of Balaji and adjourned the hearing.
The Enforcement Directorate (ED), which arrested Balaji on June 14 in a cash-for-jobs scam, had contended in the High Court that Balaji’s retention as a minister without any portfolio clearly indicates his influential status. The High Court, accepting the ED’s argument, noted that Balaji, being an influential person, could tamper with evidence and influence witnesses if released from custody.
Balaji’s plea, filed through advocate Misha Rastogi, detailed his health issues, stating,
“Despite the medications that are being taken under the care of Puzhal Prison Hospital, his recovery is very slow and still suffering from chest discomfort, pain and discomfort on the left leg (surgical side). He was advised by the doctors not to sit or stand for a long time. A numbness is occurring in the legs of the petitioner often, which requires further treatment.”
The plea also mentioned that the High Court erroneously dismissed the bail petition filed by Balaji under section 439 of the CrPC read with 45(1) of the PML (Prevention of Money Laundering) Act.
The Supreme Court bench, while deferring the consideration of Balaji’s plea, expressed skepticism about the seriousness of his medical condition based on the reports they had seen.
“What we have seen does not appear serious,”
the bench remarked. Rohatgi informed the Court that the appeal also raised a legal issue, as the High Court held that unless hospitalization is required, medical bail cannot be granted.
The ED had argued in the High Court that Balaji’s health is not in grave danger and that all necessary medical treatment can be arranged by the jail authorities. Since his arrest under the Prevention of Money Laundering Act, 2002 (PMLA), Balaji has been hospitalized for chest pain and underwent heart surgery. He was discharged on July 17 and has since been jailed in connection with the ED case.
On October 10, Balaji complained of chest discomfort, headache, and numbness in his left leg and was brought to Chennai’s government-run Stanley hospital and later taken to the prison hospital. His portfolio as electricity, excise, and prohibition minister in the state was recently re-allocated by Chief Minister MK Stalin due to his ill health.
This case brings to light the challenges in balancing legal proceedings with health concerns of high-profile political figures, emphasizing the need for thorough medical evaluation in judicial decisions regarding bail.
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