The Supreme court has adjourned V. Senthil Balaji’s plea seeking to expunge remarks in the cash-for-jobs scam. Hearing now listed for October 6, impacting ongoing trial proceedings.
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NEW DELHI: The Supreme Court on Monday heard a plea filed by former Tamil Nadu Minister V. Senthil Balaji, seeking deletion of certain observations made by the Court while refusing to cancel his bail in the multi-crore ‘cash-for-jobs’ money laundering scam. The matter was listed before a bench comprising Justices Surya Kant and N.K. Singh.
What Plea Seeks
Balaji’s counsel requested that his plea, listed as item 49, be taken up along with item 35. Senior Advocate Mukul Rohatgi, originally scheduled to lead arguments, was unavailable due to commitments in another case.
During the hearing, Justice Surya Kant sought clarification on whether the matter should be taken up for a passover or a short date. Balaji’s counsel requested a passover. The complainant’s counsel argued that Balaji’s desire to return as a Minister does not justify expunging remarks made by the Court. The Bench informed that all related matters would be listed from October 6 onwards, leading to the adjournment of three connected cases.
Supreme Court on Earlier Orders
The plea challenges specific observations made by the Court while declining to cancel Balaji’s bail. In August, the Court had refused to alter or delete any portion of its earlier orders, clarifying that its remarks would not affect the trial proceedings.
The Bench stated:
“We will not expunge anything, we will not touch a single word… We are not touching the judgment. We will only clarify that the observations shall have no bearing on the trial.”
The Court emphasised that its earlier remarks were confined to appellate review of pre-trial issues and should not influence the trial court’s independent evaluation of evidence.
Background: Cash-for-Jobs Scam and Arrest
V. Senthil Balaji, a senior DMK leader and former Electricity Minister of Tamil Nadu, was arrested by the Enforcement Directorate (ED) in June 2023 in connection with the cash-for-jobs scam. The alleged scam dates back to his tenure as Transport Minister between 2011 and 2015.
In September 2024, the Supreme Court granted Balaji bail on medical grounds, citing the need for specialised care. The Court imposed strict conditions, including:
- Restriction on accessing official files
- Prohibition from influencing witnesses
The Court also made observations about the nature of allegations and procedural conduct, which Balaji later sought to have expunged, fearing prejudice in the ongoing trial.
Supreme Court Criticism of Tamil Nadu Government
Earlier, on July 31, 2024, the Supreme Court had criticised the Tamil Nadu government for mismanagement of the multi-accused trial, likening the proceedings to a “rudderless ship” and noting that a cricket stadium would be needed to accommodate over 2,000 accused.
Balaji had challenged the Madras High Court’s February 28, 2024, judgment, which dismissed his bail plea. During discussions on Balaji’s resignation, Solicitor General Tushar Mehta submitted:
“The resignation and the undertaking not to hold any office should remain in effect until the trial is concluded. It should not happen that he resigns now and returns to office after a month.”
Enforcement Directorate’s Allegations
The ED moved the Supreme Court seeking modification of bail, alleging that Balaji:
- Willfully flouted judicial directions
- Delayed the trial by prolonging the cross-examination of a prosecution witness for nearly two months
- Filed repeated adjournment requests on frivolous grounds
Despite the September 26, 2024, order directing an expedited trial, the agency claims that Balaji’s actions have slowed proceedings.
Case Title:
V Senthil Balaji v. K. Vidhya Kumar and connected matters.
