Plea in SC challenges bail to TN minister Senthil Balaji seeks open court hearing

New Delhi, Oct 25 (PTI) The Supreme Court was on Friday informed a petition seeking review of an order granting bail to Tamil Nadu minister V Senthil Balaji in the cash-for-job scam case had been filed.
     Appearing for the complainants, senior advocate Gopal Sankaranarayanan urged a bench of Justices Abhay S Oka and Augustine George Masih to direct for an open court hearing of the review plea.
     The bench told Sankaranarayanan if the review petition had been filed it would be decided on merits.
     On September 26, the top court granted bail to DMK strongman Balaji, in the money laundering case after over 15 months, noting there was no possibility of the completion of trial in the near future.
     Sankaranarayanan said following the reprieve, he was made a minister in the Chief Minister M K Stalin-led government on September 29.
     The senior lawyer submitted while he was not casting any aspersion on the competence of public prosecutor, he was only questioning the chain of command wherein he had to report regarding the cases involving Balaji.
     "The public prosecutor in Senthil Balaji cases has to report to the director of prosecution, who in turns reports to the state home minister and in this case the home portfolio is with the chief minister," the senior counsel submitted.
     The bench said Sankaranarayanan was levelling serious allegations against the public prosecutor and directed him to move an application for the same.
     "We have already said that these cases are being monitored by this court. You file a substantive application and we will consider it," remarked Justice Oka while posting the hearing on November 25.
     On September 30, the top court directed the Madras High Court chief justice to appoint another judge for the trial against Balaji, who was recently granted bail in the money laundering case.
     Balaji, 48, was sworn in as a minister by Tamil Nadu Governor R N Ravi on September 29 and was assigned the same key portfolios -- electricity, non-conventional energy development, prohibition and excise -- that he held previously in the Chief Minister M K Stalin cabinet.
     After perusing the report of a judge of a special court dealing with cases related to MPs and MLAs of Tamil Nadu, the bench noted that he has 29 cases with him.
     "The case which is the subject matter of this application has more than 2,000 accused and around 600 prosecution witnesses. Looking at the allegations which have been made at the chargesheet, the case requires urgent disposal," it said, directing the high court to appoint a judge separately.
     The ED had arrested Balaji, representing Karur assembly constituency, on June 14, 2023, in the case, when he was the transport minister during the previous AIADMK regime between 2011 and 2015.
     On February 13, the TN Governor accepted Balaji's resignation from the council of ministers. The top court reprieve on September 26, ended his 471-day incarceration.
     On September 2, the top court refused to appoint a special public prosecutor for the trial of the case involving Balaji.
     The top court had further underscored the prosecutors dealing with cases of MPs and MLAs were aware of the nature of their responsibilities as these cases were being monitored by the top court.
     The Enforcement Directorate had filed a case of money laundering in July 2021 to probe the allegations after three FIRs were registered by the Tamil Nadu police in 2018 and on the basis of complaints by those aggrieved of the alleged scam.
     The agency's chargesheet claimed the entire recruitment process in the Tamil Nadu transport department during the tenure of Balaji as minister was turned into a "corrupt chiefdom", and the scam was executed under his authority.
     Being a public servant, Balaji "misused" his official capacity as the then transport minister and obtained pecuniary benefits by corrupt and illegal means and directly acquired the proceeds of crime that were generated out of a criminal activity related to a scheduled offence, the agency alleged.

(This story has not been edited by THE WEEK and is auto-generated from PTI)