'Blatant disregard to judicial process': ED seeks recall of bail to Tamil Nadu minister Senthil Balaji in Supreme Court

New Delhi: The Enforcement Directorate on Friday asked the Supreme Court to recall its bail order issued in favour of Tamil Nadu Minister V Senthil Balaji, claiming the trial against him is being sabotaged since his release of bail in the cash for jobs scam due to his "blatant disregard for the judicial process".

Solicitor General Tushar Mehta sought a permission from a bench led by Justice Abhay S Oka to file an affidavit in this regard.

The court, which granted the agency for permission, fixed it for consideration next week.

In an affidavit, the Enforcement Directorate claimed Balaji has violated the direction given by this court by seeking adjournments on non existent or frivolous grounds or creating hurdles in the early disposal of the cases.

"That despite this court's directive to expedite the trial, Balaji has drawn out the cross examination of PW- 4 on one pretext or another for nearly two months. This blatant disregard for the Supreme Court's instructions is a clear attempt to procrastinate and delay the trial proceedings," it said.

The agency stated with the Supreme Court's order of bail on September 26, 2024, Balaji was inducted back to Tamil Nadu cabinet within 48 hours of release as a Minister for Electricity, Prohibition and Excise. 

Notably, Balaji was serving as a minister without portfolio even when he was in jail for a period of eight months as an undertrial prisoner. It was only a day prior to his bail application being listed before the High Court for final hearing, that he tendered his resignation, it pointed out.

"Some of the key witnesses cited in the prosecution complaint filed by ED are individuals who previously worked under Balaji's supervision during his tenure as Transport Minister. This proximity between Balaji and the employees of transport corporation raises serious concerns about potential influence and impartiality in fair and effective trial now that he has reassumed office as a Minister," it said.

The agency claimed until the accused was released on bail, by the trial court conducted the chief and cross examination of three prosecution witnesses and chief examination of prosecution witness number four. 

"However, as soon as the accused has been enlarged on bail, the ongoing examination of PWs has been derailed on account of the accused moving applications seeking copies of digital records and seeking change of counsel in the midst of trial," it said.

The agency said a crucial witness in the case, a state government Forensic Expert, was summoned by the court on September 13, 2024 for his appearance on September 19, 2024. 

"From the date on which Balaji was released on bail i.e., September 26, 2024, PW4 failed to appear continuously for two hearings for chief and sought adjournments on health grounds," it pointed out.

After the attendance of PW-4 was secured on non bailable warrants, the counsels for Balaji have cross examined him for nearly two months on October 04, and October 29, November 07, November 15, November 22 and November 29 and December 09, with no end in sight

"Midway through the cross examination of the PW-4, the accused made a request for change in senior counsel. Midway through the cross-examination of the PW-4, the accused has moved an application seeking cloned copy of digital devices," it said.

The agency contended all these facts unequivocally demonstrated Balaji's blatant disregard for the judicial process and his deliberate attempts to delay the trial. 

The top court had September 26, 2024 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.

On December 2, 2024, the apex court expressed its concern and surprise over re-induction of 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.

The court had then 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.