ED Accuses Tamil Nadu Minister Senthil Balaji of Delaying Trial in PMLA Case

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ED on Monday stated, “Currently, to hinder the ongoing process and postpone the initiation of charges and the start of the trial, the petitioner/accused has submitted this petition…”

Senthil Balaji
ED

In the ongoing money laundering case against Tamil Nadu minister V Senthil Balaji, the Enforcement Directorate (ED) has presented a strong stance in the sessions court on Monday (January 29), asserting that Balaji’s efforts to defer the trial are a deliberate attempt to stall the proceedings. The ED’s submission was clear and direct:

“At this stage, to stall the further proceedings and to delay the framing of charge and commencement of trial, the Petitioner/accused has filed the present petition…”

Senthil Balaji, who was apprehended in June 2023 in relation to a cash-for-jobs scandal during his term as Transport Minister in the previous AIADMK government, had earlier submitted a petition to the court of the Principal Sessions Judge (PSJ). His petition pointed out that the Special Court for the trial of criminal offences against MP/MLAs had not yet recognized the alleged predicate/scheduled offence.

The ED, in its counter-argument, emphasized that Balaji’s request for the ‘deferment of trial’ was not within the ambit of section 309 of the Criminal Procedure Code (Cr.P.C.). The agency argued,

“This petition has no relevance at this stage and the petitioner cannot use this as a tool to stall the framing charge by this Hon’ble Court.”

The ED further contended that the admissibility and maintainability of this petition should only be considered when the trial begins, and that the ongoing trial of the predicate offence does not impact the PMLA case trial, except for the final outcome of the predicate offence.

The case was subsequently adjourned to January 31, and Senthil Balaji’s remand was extended to the same date. Following his arrest, Balaji underwent bypass surgery and was later taken into custody by the ED for interrogation. He has since been in judicial custody, with periodic extensions granted by the court.

This development in the high-profile case underscores the legal complexities and strategies employed in cases involving political figures and financial crimes. The ED’s firm approach reflects its dedication to ensuring the trial’s progression without unnecessary delays, highlighting the intricate legal maneuvers often seen in such cases.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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