Supreme Court declines to cancel Senthil Balaji's bail as he no longer holds office

A bench of Justices disposed of the applications filed by the ED and a witness for cancelling the bail granted in the money laundering case.

New Delhi: The Supreme Court on Monday declined to cancel the bail granted to DMK leader V Senthil Balaji, in the 'cash-for-jobs' scam, having noted that he resigned from as Tamil Nadu minister on Sunday.

A bench of Justices Abhay S Oka and Augustine George Masih disposed of the applications filed by the Enforcement Directorate and a witness for cancelling the bail granted to him in the money laundering case related to the 'cash-for-jobs' case. 

Solicitor General Tushar Mehta, for the ED asked the court to impose a condition that he should not become a Minister again while the matter is pending. 

"Similar conditions have been imposed in the Arvind Kejriwal case. Without such a condition, Balaji will return as a minister after a month," he apprehended.

Justice is set to demit office on superannuation on May 24.

"Your apprehension is that he will again become minister? At that stage, you can apply for cancellation of bail, "Justice Oka opined. 

Mehta claimed Balaji carried immense power and influence contending even when he was in jail, he continued as a Minister without portfolio. 

"Since the State is prosecuting the predicate offence (the case under the Prevention of Corruption Act), that trial will see no progress with Balaji's influence," he said.

The bench, however, said, "Since Balaji has already resigned, there is no need to entertain the application." 

Mehta asked the court to pass a  direction for the expeditious trial in the predicate case, alleging that Balaji was delaying the trial. 

Balaji's counsel senior advocate Mukul Rohatgi denied it.

On April 23, the Supreme Court warned Balaji that if he did not resign from the Ministership, then the bail granted to him by it earlier in the money laundering case over the 'cash-for-jobs' scam would be cancelled. 

"You (Balaji) have to make a choice between the post (Minister) and freedom," the bench had told him.

The court was then hearing the applications filed by the Enforcement Directorate and others seeking to recall the bail granted to Balaji on the ground that he was influencing the witnesses in the case.

The court had on September 26, 2024 granted bail to Balaji. He took the oath as a Minister in DMK government on September 29. 

The court subsequently expressed its displeasure and serious concern as to how Balaji was reappointed as a Cabinet Minister.