Top Court Surprised In Senthil Balaji Case
Senthil Balaji got bail in September. He was reinstated bail days later.
Expressing surprise at DMK leader Senthil Balaji’s reinstatement as Tamil Nadu minister shortly after he was granted bail in a corruption case, the Supreme Court today said anyone will get the impression that the witnesses against the politician will be under pressure.
The court was hearing a petition that sought recall of the judgment granting bail to the DMK leader. The bench refused to interfere on merits because the Senthil Balaji bail order has benefited others seeking relief. The court said it would limit the petition’s scope to whether witnesses against Mr Balaji were under pressure.
“We grant bail and the next day you go and become Minister, anybody will be bound under the impression that now with your position as a senior Cabinet Minister witnesses will be under pressure. What is this going on?” Justice AS Oka asked. Mr Balaji’s counsel sought time to return with instructions and the matter was posted for December 13.
“…the current application is based on the apprehension that immediately after we enlarged the respondent no. 2 (Balaji) on bail by order dated 26 September, 2024 the second respondent has been appointed as a Cabinet Minister… the apprehension is that considering the seriousness of allegations against the second respondent in the predicate offences, the witnesses may not be in the frame of mind to depose against the second respondent who is holding the position of cabinet minister… This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgment on merits and adjudication of the application remains confined to the aforesaid,” the bench said.
Forty-nine-year-old Senthil Balaji is a four-term MLA who started his political career with the DMK, then switched to the AIADMK before returning to the DMK. He was arrested in June last year in connection with corruption allegations during his tenure as Tamil Nadu transport minister in the J Jayalalithaa government from 2011 to 2015. Eight months after the Enforcement Directorate arrested him, he resigned as minister. Days after he was released on bail in September, the MK Stalin government reinstated him as minister with key portfolios of electricity, excise and prohibition.
Welcoming the bail relief to Mr Balaji, DMK leader and Tamil Nadu Chief Minister MK Stalin had accused the BJP of using the Enforcement Directorate to oppress political opponents. “Even during ‘Emergency’ imprisonment wasn’t this long. They thought they could shake up Senthil Balaji’s determination,” he wrote.
