“Choose Between Ministership Or Freedom”: Supreme Court To Senthil Balaji

Senthil Balaji

The Supreme Court has delivered a pointed warning to DMK’s V. Senthil Balaji—accused in a “cash-for-jobs” money-laundering scandal—demanding he decide between ‘post and freedom’.

If he remains in the Tamil Nadu cabinet, the bench cautioned, his bail could be revoked.

A two-judge panel, led by Justices Abhay S. Oka and Augustine George Masih, has given Balaji until April 28 to choose: continue as a state minister or retain the personal liberty afforded by bail.

“There is grave apprehension that you will interfere and will influence witnesses. You have to choose between the post (minister) and freedom. What choice do you want to make?”
— Justice Oka, addressing Balaji’s counsel Mukul Rohatgi

The court underscored that it had approved bail for Balaji last September only after understanding he would no longer occupy any ministerial office.

Bail Granted On Article 21 Grounds

Justices Oka and Masih reminded Balaji’s team that bail was not awarded on the merits of the case, but due to a breach of Article 21—the Constitution’s guarantee of life and personal liberty.

“You were granted bail not on merits, but on the ground of the violation of Article 21 (of the constitution, guaranteeing the protection of life and personal liberty),” the bench emphasized.

Their concern: reinstating Balaji to the cabinet undermines the basis on which bail was allowed.

Risk Of Witness Tampering

The court is considering petitions asking it to cancel Balaji’s bail, alleging he has already tried to sway testimony in his favor.

“When you were a minister, categorical findings have been recorded against you in the manner in which you brought about the settlement, and the proceedings are quashed. The grant of bail does not mean the power to influence witnesses. In the past, you have influenced witnesses,” remarked the bench.

Justice Oka questioned what precedent would be set if someone facing such serious accusations remained free while holding political power.

Case Timeline & Allegations

June 14, 2023: The Enforcement Directorate arrests Balaji under the Prevention of Money Laundering Act, linking him to illicit funds diverted during a recruitment scam.

2018 ECIR Registration: Based on three FIRs filed by local police that year, accusing him of accepting bribes for job allocations when he served as Transport Minister in Jayalalithaa’s cabinet (2015).

2011–2015: Balaji’s tenure as Transport Minister in the AIADMK government.

December 2018: Balaji switches allegiance to the DMK.

May 2021: He is sworn in as Electricity Minister after the DMK’s electoral victory.

Despite finding a prima facie case against him, the Supreme Court granted bail on September 26, 2024, citing prolonged detention and a slow-moving trial. Merely three days later—on September 29—he was re-inducted into the Tamil Nadu cabinet, a move that had already raised eyebrows at the apex court.

What Lies Ahead

With the April 28 deadline looming, Balaji must weigh his options: relinquish his ministerial berth to preserve his freedom, or stay in office and face the possibility of going back behind bars. Either way, his next steps will be watched closely, both in the courtroom and the political arena.