Wednesday, December 4th, 2024

We granted you bail…the next day you became a minister! Why did the Supreme Court say this in Balaji case?

New Delhi: The Supreme Court on Monday expressed surprise that V Senthil Balaji was appointed minister in Tamil Nadu soon after getting bail. The court said it would consider the issue of witnesses feeling threatened by the move. However, a bench of Justices Abhay S Oka and Augustine George Masih refrained from recalling the bail decision.

Mention of pressure on witnesses due to position

Justice Oka asked, we grant bail and the next day you go and become a minister! One might be under the impression that there would be pressure on witnesses because of your position as a senior Cabinet Minister. What is happening? The top court was hearing a petition seeking withdrawal of the September 26 verdict. Under this, he/she had granted bail to Balaji on the grounds that since Balaji was appointed minister after his/her release, there would be pressure on the witnesses.

The apprehension is that considering the seriousness of the allegations against the second respondent (Balaji), the witnesses will not be in a mental state to testify against a person who holds the position of a Cabinet Minister. This is the only aspect which we are prima facie inclined to consider.

Justice Oka’s bench, during the hearing of the case


The bench said it would not overturn the verdict but would limit the scope of the investigation to whether there was pressure on the witnesses. The bench asked for instructions from Balaji’s counsel and adjourned the case for further hearing till December 13. The court also said that the requirement of speedy trial should be read as a condition of special laws, which impose stringent bail conditions.

Arrest in cash for job case

Soon after his/her release, Balaji was sworn in as a minister in the cabinet of Chief Minister MK Stalin. he/she was given charge of the portfolios of Power, Non-Conventional Energy Development, Prohibition and Excise. Balaji was arrested on June 14, 2023 in a money laundering case related to the cash-for-jobs scam. At that time he/she was the Transport Minister during the AIADMK regime.

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