Supreme Court questions 7 months time taken for sanction to prosecute ex-Tamil Nadu minister Senthil Balaji

New Delhi: The Supreme Court has questioned seven months time taken in granting sanction for prosecution of former Tamil Nadu Minister and D M K leader V Senthil Balaji in three cases in connection with cash-for-job 'scam'.

The apex court, however, declined for now a plea to appoint a special public prosecutor to conduct proceedings.

A bench of Justices Abhay S Oka and Augustine George Masih noted the sanction has been granted in the cases on August 23, 2024, though the proposal for permission to prosecute Balaji was submitted to the office of the Governor on January 4, 2024.

"We were wondering why such a long time of seven months was required to deal with the proposal for sanction," the bench said.

Senior advocate Gopal Sankaranarayanan along with advocate Balaji Srinivasan on behalf of the applicant Y Balaji sought a direction for appointment of a special public prosecutor in the matter. The counsel accused the state of causing deliberate delay in commencing the trials against the accused in the scam due to extraneous considerations.

They also accused the state government of defeating the intent and spirit of the Supreme Court's judgement of May 16, 2023, approving the criminal proceedings against the leader in the cash-for-job 'scam' during his tenure as Transport Minsiter between 2011-2015.

The Tamil Nadu government however, filed an affidavit with regard to experience and credentials of the public prosecutor P Washington Dhanasekaran.

The bench, however, said, "When public prosecutors are appointed to deal with prosecutions against MPs and MLAs pending before the Special Courts constituted under the orders of this Court, we are sure that the concerned prosecutors are aware about the nature of the responsibilities entrusted to them."

"Perhaps, the burden on them is greater as the trials before the Special Courts dealing with the cases of Members of Parliament and Members of Legislative Assembly, are being monitored by this Court. The prosecutor has to act as an officer of the court," the bench added.

In its order on September 2, the bench asked Assistant Sessions Judge, Additional Special Court for the Trial of the Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, to submit a report about the status of the cases and also details about the other cases pending in his court.

The court scheduled the matter for further hearing on September 30.