With Dravida Munnetra Kazhagam (DMK) leader Senthil Balaji stepping down as minister from the M K Stalin-led government in Tamil Nadu on Sunday, the Supreme Court on Monday decided not to cancel the bail granted to him in a money laundering case registered by the Enforcement Directorate (ED).
The top court had on April 23 whether he wanted to retain his Cabinet post or remain on bail in the ongoing case. Senior Advocate Kapil Sibal, representing the DMK leader, had sought time till Monday to take a decision.
On Monday, a bench of Justices A S Oka and A G Masih was informed that Balaji had quit as minister and that his resignation was accepted by Governor R N Ravi. Taking note, the bench said there was no reason, therefore, to entertain the application seeking cancellation of his bail.
The Supreme Court had granted bail to Balaji on September 26, 2024, noting that the trial in the case, an offshoot of the cash-for-jobs scam, was unlikely to begin soon and that he had already spent over a year in custody. Just three days later, on September 29, 2024, he was reinstated as a Cabinet minister in the DMK government. The ED had subsequently approached the apex court seeking cancellation of his bail on the grounds of being in a position to influence witnesses.
Hearing the matter on April 23, the court took stern exception to his reinstatment, saying that one of the grounds on which he had sought bail was that he was no longer a minister and was, therefore, not in a position to influence the trial.
On Monday, Solicitor General Tushar Mehta, representing the ED, urged the bench to stipulate that he will not become minister again during the pendency of the case. He pointed out that similar conditions had been laid down in the case of former chief minister in another case.
The senior law officer pointed out that Balaji was highly influential and that he continued as a minister without portfolio even while he was in jail. He expressed apprehension that the trial in the Prevention of Corruption Act case, which is the predicate offence, will be hampered given his influence.
The court, however, said it can apply for cancellation of bail again if its apprehensions come true. “Your apprehension is that he will again become minister? At that stage, you can apply for cancellation of bail,” said Justice Oka.
Mehta also urged the court to direct that the trial in the predicate offence be expedited but the bench did not pass any order to that effect.
