No bail rider violated when appointed minister: Tamil Nadu minister Senthil Balaji to Supreme Court

New Delhi: DMK leader V Senthil Balaji has informed the Supreme Court that his appointment as a cabinet minister in Tamil Nadu was not violative of the bail conditions imposed on him by the top court in a money laundering case and he couldn't be chastised for seeking a political office following a popular mandate.

In an affidavit, Balaji, who was granted bail by the apex court on September 26, 2024, questioned the bonafide of the petitioner, who sought the recall of his bail order.

The application may be at the instance of the political opposition for settling scores, Balaji alleged.

"It is critical to note that the appointment of respondent number 2 (Balaji) as a minister was neither contrary to the bail conditions prescribed in para 31 of the judgment dated September 26, 2024, nor was the same contrary to any law," his affidavit said.

Balaji's response went on, "In fact, it has not even been pleaded by the applicant K Vidhya Kumar in this application that after respondent number 2 having been appointed as a minister, there was any exertion of influence over any witnesses whatsoever."

He said the apex court was acutely aware of the magnitude of the trials in scheduled offences, and take many years to conclude, at the very least "three to four years or even more" in its own estimation.

"Therefore, any exercise to modify the bail conditions would necessarily have to consider that the respondent number 2 enjoys the popular mandate and that he cannot be chastised for seeking a political office in pursuance of the popular mandate," he said.

The affidavit argued it would not only be contrary to the popular mandate but also be violative of Balaji's "cherished right" under Article 21 of the Constitution of India to participate in public life.

Balaji said the top court has held the fundamental right under Article 21 of the Constitution was not of "mere animal existence" but included the "right to live with dignity".

"Life and dignity have to be given its true meaning, which means that respondent number 2 cannot be expected to live as a mere hollow shell despite being granted bail by the courts. It is his right to participate in public life so long as he is not disqualified due to any laws that may operate against him," his affidavit filed through advocate Ram Sankar said.

If the top court issued any direction, even for a limited duration, which would impact the office of the minister held by him, it would seriously prejudice his case at trial and send a wrong message to the trial court, it added.

Contending a minister held an office till the absolute "pleasure of the Governor", Balaji argued, "The courts cannot issue a mandamus or a direction to the Governor to revoke his pleasure. This would be against the terms of Article 361 of the Constitution."

He said if any of the witnesses were apprehending influence or felt they were unable to depose freely, they could seek the remedy of the Witness Protection Scheme of the state government.

"The answering respondent submits that he is ready and willing to abide by any condition imposed by this court to ensure sanctity of trial. Any witnesses who in the opinion of the prosecution are vulnerable, the same may be identified and their trial may be conducted in a time-bound manner," he said.

The minister denied the allegation of the Enforcement Directorate of a delay in trial and witnesses being influenced.

"Therefore, there was no ground whatsoever to suggest that respondent number 2 was either delaying the ED trial or attempting to influence any witnesses. In fact, the record would show the contrary and demonstrate that he was diligently cross-examining…," Balaji claimed.

On December 2, last year, the top court expressed concern over reinstatement of Balaji as a cabinet minister, just days after it granted bail in the money laundering case related to the cash-for-job scam, and agreed to examine a plea raising apprehensions on independence of witnesses in the case.

On September 26, 2024, the top court had granted bail to Balaji after he was in jail over 15 months, noting there was no possibility of the completion of trial in the near future.

Balaji, 48, was sworn in as a minister by Tamil Nadu Governor R N Ravi on September 29, last year and was assigned the same key portfolios -- electricity, non-conventional energy development, prohibition and excise -- he held previously in the Stalin cabinet.

Balaji, representing Karur assembly constituency, was arrested on June 14, 2023 in the case when he was the transport minister during the previous AIADMK regime between 2011 and 2015.

On February 13, last year, the TN Governor had accepted Balaji's resignation from the council of ministers. The top court's reprieve on September 26, 2024 ended Balaji's 471-day incarceration.

The ED had filed a case of money laundering in July 2021 to probe the allegations after three FIRs were registered by the Tamil Nadu police in 2018 and on the basis of complaints by those aggrieved in the alleged scam.

Its chargesheet claimed the entire recruitment process in the state transport department during his tenure as a minister was turned into a "corrupt chiefdom".