SC relaxes bail conditions of Senthil Balaji, says no need to visit ED office twice per week

New Delhi: Relaxing stringent bail conditions, the Supreme Court on Monday said that unless summoned, former Tamil Nadu minister V Senthil Balaji is not needed to appear before an ED officer twice per week in Chennai in the money laundering case related to the alleged cash-for-job scam in the state.

The top court also relaxed the other condition requiring him to appear in the trial court on every date of hearing, saying the presiding officer may consider his plea for exemption on merits if such an application is moved.

"Why is this man required to appear before the Deputy Director of the Enforcement Directorate at Chennai on every Monday and Friday? …at least save your own officer from the harassment as he will have to wait twice per week for this gentleman to come," a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.

However, advocate Zoheb Hussain, appearing for the Enforcement Directorate (ED), said the bench was conscious of his conduct and the possibility of influencing witnesses while imposing conditions in its bail order.

Senior advocate Kapil Sibal and lawyer Ram Sankar, appearing for the former minister, said as and when the probe agency asks him to appear, he will do so and this condition now will serve no purpose.

Advocate Pranav Sachdeva, appearing for one of the complainants, spoke in favour of letting these conditions remain in force as the former minister is an influential person.

The bench said Balaji will go before the deputy director as and when required. The ED will have to serve an advance notice in case it wants his presence, it added.

The top court, on November 14, agreed to examine the plea of Balaji seeking relaxation of his bail conditions in the money laundering case.

Balaji, in his plea, was seeking modification of two conditions in the bail order -- one, that he shall mark his attendance every Monday and Friday between 11 am and noon in the office of the deputy director of ED at Chennai and he shall appear before the investigating officers of the police in three scheduled offences related to the case on first Saturday of every month.

Sibal had said the second condition, which is sought to be modified, is that Balaji shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the special court and shall cooperate with the courts for early disposal of cases.

He contended that the investigation was over and the chargesheet had been filed in the ED case, and Balaji had appeared 116 times before the federal probe agency since he got bail on September 26 last year.

"During this period, I have never absconded and appeared before ED officers as directed by the court," he had submitted.

On September 26 last year, the top court granted Balaji bail in the money laundering case after over 15 months, noting there is no possibility of the completion of the trial in the near future.

The top court said Balaji, who was arrested by the ED, has been in jail since 2023, and his continued detention will amount to an infringement of his fundamental right under Article 21 of the Constitution.

Noting there are more than 2,000 accused and over 600 witnesses in the case, the top court said inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together.

The apex court had, however, taken note of the submissions of Solicitor General Tushar Mehta, appearing for the ED, that Balaji may influence the witnesses in the case and imposed stringent conditions on him. It had directed Balaji to furnish bail bonds for Rs 25 lakh with two sureties in the like amount.

The top court had further directed that Balaji shall not directly or indirectly attempt to contact or communicate with the prosecution witnesses and victims of the three scheduled offences in any manner.

"The appellant shall mark his attendance every Monday and Friday between 11 am and 12 noon in the office of the deputy director, the Directorate of Enforcement at Chennai. He shall also appear on the first Saturday of every calendar month before the investigating officers of the three scheduled offences," it had said.

The top court had directed Balaji to surrender his passport to the special court under the Prevention of Money Laundering Act, 2002 (PMLA) at Chennai before he is set free on bail.

"The appellant shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the special court and shall cooperate with the courts for early disposal of cases.

"If the appellant seeks adjournments on non­-existing or frivolous grounds or creates hurdles in the early disposal of the cases mentioned above, the bail granted to him shall be liable to be cancelled," it had added.

Balaji was arrested on June 14, 2023, by the ED in connection with a money laundering case linked to an alleged cash-for-jobs scam when he was the transport minister in an earlier AIADMK government.

The ED on August 12, 2023, filed a 3,000-page chargesheet against Balaji.