LawChakra

Senthil Balaji Bail Order|| ‘What Will Happen to Victims?’: Supreme Court Questions Tamil Nadu Govt.

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Today, On 20th December, The Supreme Court expressed concerns about Senthil Balaji’s bail, questioning the Tamil Nadu government about its impact on the victims. The court asked, “What will happen to the victims if he remains a cabinet minister?” It has requested details about the number of victims and the cases filed against Balaji. This comes after a plea was filed to cancel his bail.

New Delhi: The Supreme Court issued a notice to the State of Tamil Nadu regarding a plea to recall its verdict that granted bail to Minister Senthil Balaji in a money laundering case related to the cash-for-jobs scam.

Justices Abhay S Oka and Augustine George Masih requested information from Tamil Nadu about the pending cases against Balaji and the number of witnesses that need to be examined. They also inquired about how many victim-witnesses are public servants versus common citizens.

The case scheduled for further hearing on January 15.

The Enforcement Directorate (ED) informed the Supreme Court that Balaji’s re-appointment as a Cabinet Minister following his release from jail has placed undue pressure on witnesses.

The bench expressed concern, stating,

“We want to know from the state how many victims are there. If there are a large number of victims, then obviously this man occupying the position of cabinet minister, what will happen to victims?”

The court had previously reacted with surprise upon learning of Balaji’s ministerial appointment just after his bail was granted.

A bench of Justices Abhay S Oka and Augustine George Masih noted that many witnesses are public officials and requested the state government’s response regarding the pending cases against Balaji.

They remarked,

“It can’t be axiomatic that the moment a person is released he becomes a minister; there is something terribly wrong. Because there may be cases where someone is being framed. In the facts of the case, we will have to consider.”

They remarked,

“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 this going on?”

The Supreme Court initially granted bail to Balaji on September 26, citing his long incarceration since June 2023 and the unlikelihood of a swift trial, despite acknowledging a prima facie case against him.

Balaji took the oath of office as minister shortly thereafter, on September 29.

He was arrested on June 14, 2023, in connection with a cash-for-jobs scam dating back to his tenure as Transport Minister under the previous AIADMK government. The ED’s actions stemmed from an Enforcement Case Information Register filed under the Prevention of Money Laundering Act in 2021, based on several FIRs from 2018 related to his alleged involvement in the scam.

Balaji joined the Dravida Munnetra Kazhagam (DMK) in December 2018 and became the Electricity Minister when the party came to power in May 2021.

Balaji arrested on June 14, 2034, by the ED in connection with a cash-for-jobs scam that took place during his tenure as the Transport Minister in a previous AIADMK government. The ED filed a 3,000-page charge sheet against Balaji on August 12 last year.

The money laundering case against Balaji and his bail plea have faced multiple rejections in lower courts.

The case has drawn significant attention, not only due to the high-profile nature of the accused but also due to the intricate legal arguments surrounding the PMLA and the concept of bail within it.

Case Title

K. Vidhya Kumar v. Deputy Director and Anr.



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