Today, On 9th April, DMK leader and Tamil Nadu minister V. Senthil Balaji told the Supreme Court that becoming a minister did not break any bail rules in his money laundering case. He said it is his right to hold a political post under Article 21 of the Constitution. Balaji also questioned why his bail was being challenged. He said the move seemed politically motivated.
New Delhi: DMK leader V. Senthil Balaji has informed the Supreme Court that his appointment as a cabinet minister in Tamil Nadu does not violate the bail conditions imposed on him in a money laundering case, asserting that he should not be penalized for seeking political office following a popular mandate.
In his affidavit, Balaji, who was granted bail by the Supreme Court on September 26, 2024, questioned the motives of the petitioner seeking to revoke his bail order, suggesting it may be politically motivated.
His affidavit stated,
“It is critical to note that the appointment of respondent number 2 (Balaji) as a minister was neither contrary to the bail conditions prescribed in para 31 of the judgment dated September 26, 2024, nor was the same contrary to any law,”
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Balaji further argued,
“In fact, it has not even been pleaded by the applicant K Vidhya Kumar in this application that after respondent number 2 having been appointed as a minister, there was any exertion of influence over any witnesses whatsoever.”
He emphasized that the “Supreme Court understands the lengthy nature of trials for scheduled offenses, which can take three to four years or even more to conclude.
He added.
“Therefore, any exercise to modify the bail conditions would necessarily have to consider that the respondent number 2 enjoys the popular mandate and that he cannot be chastised for seeking a political office in pursuance of the popular mandate,”
The affidavit also contended that denying Balaji the right to serve as a minister would not only contradict the popular mandate but also infringe upon his “cherished right” under Article 21 of the Constitution of India to engage in public life.
He noted that the Supreme Court has recognized the fundamental right under Article 21 as not being merely about “animal existence” but encompassing the “right to live with dignity.”
His affidavit, filed through advocate Ram Sankar, stated,
“Life and dignity have to be given its true meaning, which means that respondent number 2 cannot be expected to live as a mere hollow shell despite being granted bail by the courts. It is his right to participate in public life so long as he is not disqualified due to any laws that may operate against him,”
If the Supreme Court were to issue any directive affecting his ministerial office, it could seriously prejudice his case at trial and send a misleading message to the trial court, he warned. Balaji argued that a minister serves at the absolute pleasure of the Governor, and courts cannot direct the Governor to revoke this pleasure, as such an action would violate Article 361 of the Constitution.
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He mentioned that if any witnesses felt they were at risk of influence or unable to testify freely, they could utilize the state government’s Witness Protection Scheme.
He stated,
“The answering respondent submits that he is ready and willing to abide by any condition imposed by this court to ensure the sanctity of the trial. Any witnesses who, in the opinion of the prosecution, are vulnerable, may be identified, and their trial may be conducted in a time-bound manner,”
Balaji denied the Enforcement Directorate’s allegations of delays in trial or witness tampering.
Balaji claimed,
“Therefore, there was no ground whatsoever to suggest that respondent number 2 was either delaying the ED trial or attempting to influence any witnesses. In fact, the record would show the contrary and demonstrate that he was diligently cross-examining…,”
On December 2 of last year, the Supreme Court expressed concern regarding Balaji’s reinstatement as a cabinet minister shortly after granting him bail in the money laundering case linked to the cash-for-job scam, agreeing to review a plea that raised concerns about the independence of witnesses.
The Supreme Court granted Balaji bail on September 26, 2024, after he had spent over 15 months in jail, noting the trial’s unlikely completion in the near future. Balaji, 48, was sworn in as a minister by Tamil Nadu Governor R.N. Ravi on September 29 of the previous year, retaining his key portfolios electricity, non-conventional energy development, prohibition, and excise from his prior tenure in the Stalin cabinet.
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He was arrested on June 14, 2023, in connection with the case while serving as transport minister during the previous AIADMK government from 2011 to 2015. The TN Governor had accepted Balaji’s resignation from the council of ministers on February 13 of the previous year.
The Supreme Court’s decision on September 26, 2024, ended Balaji’s 471-day incarceration. The ED initiated a money laundering case in July 2021 following three FIRs filed by the Tamil Nadu police in 2018 based on complaints related to the alleged scam.
Its chargesheet claimed that the entire recruitment process in the state transport department during his tenure was transformed into a “corrupt chiefdom.”