“No Bail Rider Violated When Appointed Minister”: Senthil Balaji To SC

Senthil Balaji

Tamil Nadu Minister and DMK leader V Senthil Balaji on Wednesday asserted before the Supreme Court that his reappointment as a cabinet minister does not violate any conditions laid down during his bail in a money laundering case.

In a detailed affidavit, Balaji argued that holding public office is a democratic right, particularly when backed by a popular mandate.

The response comes in light of a plea seeking the revocation of his bail, which Balaji claims may be politically motivated.

No Breach Of Bail Conditions

Balaji, who was granted bail by the Supreme Court on September 26, 2024, maintained that his cabinet post does not contradict any legal or judicial restriction. “The appointment of respondent number 2 as a minister was neither contrary to the bail conditions… nor was the same contrary to any law,” his affidavit reads.

He further noted that the petitioner, K Vidhya Kumar, failed to present any claim that Balaji, after being reinstated as a minister, exerted undue influence on witnesses or interfered with the investigation.

Allegations Of Political Motivation

Challenging the credibility of the plea, Balaji suggested that the litigation could be an attempt by political opponents to settle scores. “The application may be at the instance of the political opposition,” the affidavit alleged.

He also urged the court to consider the long timelines typical of such trials—three to four years or more—and emphasized that holding public office in the interim should not be interpreted as misuse of liberty.

Article 21

Balaji invoked Article 21 of the Constitution, asserting that his right to live with dignity includes participating in public and political life.

“The Supreme Court has made it clear that Article 21 guarantees more than mere animal existence,” his affidavit said. “Respondent number 2 cannot be reduced to a hollow figure when he is legally on bail.”

He argued that any court directive impacting his ministerial post would undermine the principle of fair trial and send a negative signal to the lower court overseeing his case.

Governor’s Role

Balaji emphasized that a minister serves at the discretion of the Governor and said the judiciary cannot issue directions to interfere with that authority under Article 361.

He added that any concerns about witness intimidation could be addressed under the State Witness Protection Scheme, and expressed his willingness to comply with court-imposed safeguards. “I am prepared to accept any condition that ensures a fair trial,” he stated.

Balaji dismissed the Enforcement Directorate’s claims that he was stalling the trial or influencing witnesses, stating that court records would prove his active and cooperative participation, including during cross-examinations.

Background

Balaji, a legislator from Karur, was arrested on June 14, 2023, in connection with a money laundering case linked to a recruitment scam during his tenure as Transport Minister between 2011 and 2015, under the AIADMK government.

He spent over 15 months in judicial custody before being granted bail by the Supreme Court. Just three days after his release, he was sworn in again as a minister on September 29, 2024, and reinstated to his previous portfolios—electricity, prohibition and excise, and non-conventional energy.

While the top court had earlier expressed concern about his reinstatement, Balaji now seeks to defend both his position and his legal standing in court.