'We grant bail, and next day you become minister': SC to examine re-induction of Senthil Balaji in Tamil Nadu cabinet

New Delhi: The Supreme Court on Monday expressed its concern and surprise over re-induction of DMK leader V Senthil Balaji in the Tamil Nadu's cabinet just after being granted bail, saying it gave an impression of witnesses being under pressure because of his position.

A bench of Justices Abhay S Oka and Augustine George Masih felt such kind of practice must stop, as it was hearing a plea for recall of September 26 judgment which granted the leader bail in the cash for jobs scam.

“We grant bail, and the next day, you go and become a minister! This must stop. Anybody will be bound to think that witnesses will now be under pressure because of your position as a senior Cabinet Minister. What is this going on," the bench asked.

Balaji was once again on September 29, 2024, administered the oath as minister, taking charge of electricity, non-conventional energy, and excise portfolios in chief minister M K Stalin’s Cabinet.

The apex court had granted him bail in its judgment on September 26.

Taking up the application filed by K Vidhya Kumar, one of the complainants in the case, the bench said that the “basic principle here is that justice should not only be done but manifestly seen to be done".

The court sought a response from Balaji to the plea filed through advocate Neha Rathi, seeking recall of the September 26 judgment to ascertain a free and fair trial in the matter.

The court, however, refused to interfere with its earlier judgment on bail.

“The law laid down in the September 26 decision is a salutary judgment that benefits others as well,” the court said, while limiting the scope of its inquiry to whether Balaji’s ministerial appointment created an environment of fear or pressure among witnesses.

The court asked Balaji’s counsel to take instructions on this aspect and fixed the matter for consideration on December 13.

“We reiterate the law laid down in the September 26 judgment. However, the apprehension is that considering the seriousness of the allegations against the second respondent, the witnesses may not be in the frame of mind to depose against him, now that he holds the position of a Cabinet minister,” the court said.

“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 judgement on merits and adjudication of the application remains confined to the aforesaid,” the bench added.

In its September 26 judgment, the Supreme Court had said the requirement of expeditious disposal of cases must be read into the special statutes, including the Prevention of Money Laundering Act, as inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together.

"Section 45(1)(ii) does not confer power on the State to detain an accused for an unreasonably long time, especially when there is no possibility of trial concluding within a reasonable time," the bench had said.

The top court had then ordered release of Balaji, arrested on June 14, 2023, in cases, arising out of cash for jobs scam, on bail after noting his 15 months of incarceration with no possibility of completion of trial in a few years.