ED supports bail cancellation plea of Senthil Balaji

The Enforcement Directorate (ED) on Friday filed an affidavit in the Supreme Court supporting a plea to cancel the bail granted to Tamil Nadu minister V Senthil Balaji, and asserted that his “blatant disregard for the judicial process” and conduct after release have caused significant delays in the ongoing trial against him.

The affidavit, before a bench led by justice Abhay S Oka, responds to an application by K Vidhya Kumar, a complainant in the alleged cash-for-jobs scam involving the Dravida Munnetra Kazhagam (DMK) leader.

Balaji is accused of laundering money obtained through a racket that sold jobs during his tenure as transport minister. He was granted bail by the Supreme Court on September 26, after being in custody since June 2023. The ED, however, argues that his actions post-release have impeded the judicial process. The affidavit comes ahead of a crucial hearing on December 18, during which the Supreme Court will also consider Kumar’s plea to recall Balaji’s bail.

ED, in its affidavit, accused Balaji and his legal team of employing procedural tactics to prolong the trial, referring to instances such as repeated requests for adjournments, prolonged cross-examinations and strategic legal applications as part of a deliberate effort to stall progress.

One key example involved a forensic expert, whose cross-examination spanned over two months due to repeated absences and delays. “The accused has drawn out the cross-examination of PW4 (forensic expert) 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,” the agency stated in its affidavit.

ED also highlighted applications filed by Balaji’s legal team, such as requests for cloned copies of digital evidence and a sudden change of senior counsel during the witness’s examination, as further evidence of delaying tactics.

The affidavit raised concerns over Balaji’s reappointment to the cabinet within 48 hours of his release on bail, pointing out that he now oversees the electricity, prohibition and excise portfolios. According to the ED, this may give him direct authority over witnesses who are employed in state-run transport corporations, posing a significant risk of witness intimidation.

“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 Balaji has reassumed office as a minister,” it stated.

Urging the bench to issue suitable orders, the agency said: “It is amply clear that Balaji has violated the direction given by this Hon’ble Court by seeking adjournments on nonexistent or frivolous grounds or creating hurdles in the early disposal of the cases.”

The latest development follows the Supreme Court’s sharp remarks on December 2 regarding Balaji’s swift reappointment as a cabinet minister. The bench had observed that Balaji’s ministerial role posed legitimate concerns over witness intimidation. “We grant bail, and the next day, you go and become a minister! This must stop. Anybody will be bound to think that witnesses will now be under pressure because of your position as a senior Cabinet Minister. What is this going on?” the bench had remarked on the day.

While maintaining that the September 26 bail order adhered to constitutional principles of liberty and curtailed prolonged pretrial detention, the bench had sought responses from ED and Balaji on the concerns about his ministerial role’s impact on witnesses.