Supreme Court ultimatum to TN minister Senthil Balaji, asks him to choose between post and freedom by Monday

NEW DELHI: The Supreme Court on Wednesday slammed Tamil Nadu minister V Senthil Balaji for showing “absolute dishonesty” in becoming a minister days after he was granted bail in September 2024 by the top court in a money laundering case linked to the cash-for-jobs case.

The court told him to decide by Monday whether he preferred his liberty or his post as a minister, pointing that there was a “grave fear” that he may try to use his post to influence the witnesses.

Hearing an application seeking recall of the bail order granted by the Supreme Court last year, a bench of justices Abhay S Oka and AG Masih said, “At the time of grant of bail, you did not have the power to influence witnesses as you were not a minister. After you are granted bail, you become a minister. You bring about a change within a day of getting bail. We will not tolerate that you make a mockery of the entire process.”

“You have to make a choice between post and freedom. The judgment of the high court records how as a minister, you tried to influence witnesses by entering into settlement with them based on which proceedings were quashed,” the bench said and posted the matter for next Monday, April 28.

Balaji is facing probe in separate offences lodged by the Enforcement Directorate (ED) and the state police department over the job fraud during his tenure as transport minister in the state from 2014-15. He was accused of receiving bribes for providing jobs in the state transport department during his tenure as minister in the AIADMK government.

The court said the entire episode also involved a larger issue. “It is a classic case when such politicians apply for bail and the court applies the law as laid down in PMLA offences that when trial is unable to complete soon, bail is to be granted. We are shocked this is the consequence of adopting a view consistent with Article 21 (right to life and liberty) of the Constitution. If such things happen, don’t then blame the courts why they are not granting bail.”

The bench noted that the Madras high court gave a finding on how Balaji used his power and clout to influence witnesses. “We will record in our order recalling bail that we have committed a mistake by ignoring the judgments against you on the footing that he is no longer a minister.”

Senior advocates Kapil Sibal and Mukul Rohatgi told the court that they will come back by Monday and make a statement. However, they showed that while arguing bail in the top court, they did not make an argument that he should be granted bail because he was no longer a minister. Sibal pointed out that the question of influencing witnesses does not arise as in the predicate offence probed by the state police, summoning of accused will continue till January 2026 following which the witnesses will be summoned. “There is no chance of my influencing witnesses. By January 2026, no witnesses are to be summoned in the predicate offence and by May next year, the term of this government will come to an end.”

The court told Sibal, “You must understand that you have not been granted bail on merits but on the possible violation of Article 21 of the Constitution. What signal are we sending that after we grant you bail, you have now become a minister and there are witnesses who can be influenced.”

Solicitor general Tushar Mehta appearing for ED pointed out that the petition filed by Balaji in the top court began with the argument of “change of circumstances” where he claimed that since he is no longer a minister, he is not in a position to influence witnesses.

“This is absolute dishonesty on your part,” the court told Balaji’s lawyers, adding, “Prima facie a case is made out for cancelling bail as your past conduct shows that you influenced witnesses. Now you have gone back to the position as minister where you are capable of influencing witnesses...We are not going to cancel bail on the ground that you have misused this facility but based on your track record which shows there is grave fear for witnesses.”

The application seeking recall of court’s order granting bail was filed by a victim of the cash-for-jobs case K Vidhya Kumar who pointed out that after being arrested by ED on June 14, 2023, Balaji was relieved of his charge as a minister for electricity and prohibition & excise. He continued as a minister without portfolio in the state government from June 16, 2023 till February 12, 2024, when he resigned ahead of the hearing on his bail petition in the Madras high court.

Responding to the application, Balaji filed an affidavit on April 3 defending his right to continue in office. “Any exercise to modify the bail conditions would necessarily have to consider that the Respondent No. 2 (Balaji) enjoys the popular mandate and that he cannot be chastised for seeking a political office in pursuance of the popular mandate,” he said in his affidavit.

ED had supported the victim’s application and filed an affidavit in December last year alleging that since Balaji had become a minister, there was potential threat for influencing witnesses and the trial was getting delayed.

Balaji denied the allegations, pointing out that he had been present on every hearing date before the trial court. He further stated that his appointment as a minister was neither contrary to the bail conditions contained in the September 2024 order nor contrary to any law.

He further claimed that the entire case was prosecuted against him at a time when he was a sitting minister and if he exerted so much influence, the case would not have proceeded against him.

Vidhya Kumar represented by advocate Pranav Sachdeva said that while granting bail, the court had no occasion to consider the threat to witnesses as he never disclosed his intention to become a minister on getting bail.