A bench led by Justice AS Oka instructed the state government to provide copies of all applications and communications related to the sanction request. This directive followed a petition from a group of victims led by Y Balaji, who sought the appointment of a Special Public Prosecutor, a special investigation team to probe the delay, and a court order to complete the trial within a year.
NEW DELHI: On Friday (23rd Aug), the Supreme Court directed the Tamil Nadu Government to submit all correspondence with the Governor’s office regarding the sanction to prosecute former minister V Senthil Balaji in the cash-for-jobs scam. Victims of the case informed the court that the request for sanction has been pending since January of this year.
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A bench led by Justice AS Oka instructed the state government to provide copies of all applications and communications related to the sanction request. This directive followed a petition from a group of victims led by Y Balaji, who sought the appointment of a Special Public Prosecutor, a special investigation team to probe the delay, and a court order to complete the trial within a year.
“We direct the state government to place on record the copies of the applications and other correspondence made with the office of the governor as regards the grant of sanction to prosecute the ex-minister.”
The bench, including Justice Augustine George Masih, also required the state to present copies of orders appointing prosecutors for the case, detailing their experience. The court asked for an affidavit on these issues and scheduled the matter for hearing on September 2.
Senior advocate Gopal Sankaranarayanan, representing the victims alongside advocate Balaji Srinivasan, informed the court that the request for sanction was forwarded to the Governor on January 4, but has since remained unresolved, leading to repeated adjournments of the trial.
Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), which arrested Balaji in June last year on money laundering charges related to the scam, noted that three predicate offenses are pending against Balaji with the sanction still awaited. He mentioned that one case involves over 100 witnesses and another includes more than 2,000 accused and witnesses.
Mehta proposed appointing a “neutral” public prosecutor to review which witnesses could be dropped.
The court questioned the concept of a “neutral” prosecutor, expressing skepticism about how a prosecutor could be considered neutral and whether state-appointed prosecutors could exercise discretion on witness examination.
Senior advocate Shekhar Naphade, representing the state, argued that there has been no delay on the state’s part regarding the prosecution sanction. Naphade explained that after the request was sent to the Governor, a query for an additional copy of the investigation report was received at the end of January, and the requested report was provided on February 2.
In response to the victims’ request for a special investigation team to investigate the delay, the state suggested that the court review the records to understand the reasons for the delay, asserting that the state is not responsible for any part of it.
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Balaji is accused of allegedly receiving bribes for job placements in the state transport department during his tenure as transport minister in 2014-15. He was part of the AIADMK Government at that time and later served as a minister in the DMK government until his resignation in February this year.
The Supreme Court has also reserved its decision on granting Balaji bail in the ED case, which has yet to go to trial. Balaji requested bail on medical grounds, citing his health issues and trial delays, while the ED argued that he has influenced witnesses and that his brother, also an accused, remains at large.
