SC Perceives ‘Pressure’ On Witnesses After DMK’s Senthil Balaji Becomes Minister

The Supreme Court on Monday expressed concerns over the appointment of DMK leader V Senthil Balaji as a minister in the Tamil Nadu government, just days after being granted bail in the cash-for-job scam money laundering case.

The court agreed to review a plea raising apprehensions about the potential influence on witnesses in the case following Balaji’s new ministerial position.

A bench of Justices Abhay S. Oka and Augustine George Masih, however, refused to reconsider the September 26 order granting Balaji bail. The bench raised concerns about the impact of his ministerial position on the independence of witnesses.

“We granted you bail, and soon after, you became a minister. Anyone would assume that with your position, witnesses may be under pressure,” the bench remarked while addressing Balaji’s counsel, senior advocate Mukul Rohatgi.

The bench clarified that it would not recall its previous order but would focus only on the question of whether witnesses might be influenced due to Balaji’s ministerial role. Justice Oka emphasized that the court’s review would be limited to this aspect, as it could affect the fairness of testimony in the case.

The case has been brought before the court by K. Vidhya Kumar, a complainant, who raised concerns that Balaji’s appointment as a cabinet minister could intimidate witnesses. The court has directed Balaji’s counsel, Ram Sankar, to seek further instructions on the matter. A hearing has been scheduled for December 13 to address these concerns.

Balaji was granted bail by the Supreme Court in September after spending more than 15 months in custody.

The court acknowledged that there was no immediate prospect of the trial’s completion. Balaji, who had previously served as Tamil Nadu’s transport minister, was arrested in June 2023 by the Enforcement Directorate in connection with the alleged recruitment scam during his tenure. The ED claims that Balaji misused his position to solicit bribes for securing jobs in the transport department.

Despite his legal battles, Balaji was sworn in as Tamil Nadu’s minister on September 29, 2023, in charge of key portfolios such as electricity, non-conventional energy, prohibition, and excise, which he previously held.

This has raised concerns about the potential impact on the ongoing legal proceedings and the independence of the investigation.

The ED’s chargesheet against Balaji alleges that the entire recruitment process in the Tamil Nadu transport department was turned into a corrupt operation under his leadership, benefiting from illegal means and leading to significant financial gains.

Balaji has been accused of misusing his official capacity to generate proceeds of crime linked to a scheduled offence.

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