Supreme Court to Senthil Balaji: “choose between freedom and ministerial post”

The Supreme Court has issued a stern ultimatum to DMK leader and Tamil Nadu Minister V Senthil Balaji, asking him to choose between retaining his cabinet post and maintaining his bail in a money laundering case.

The court expressed serious concern that Balaji’s return to ministerial office could result in interference with witnesses.

A bench comprising Justices Abhay S Oka and Augustine George Masih raised alarm after Balaji resumed his ministerial duties just days after securing bail.

The court highlighted past findings that Balaji had previously influenced witnesses and coerced complainants to withdraw their cases, warning that such conduct cannot continue while he remains free.

“There is a grave apprehension of witness tampering. Bail does not give you the authority to influence others,” the bench said, emphasising the severity of Balaji's past actions. The court underscored that his bail was granted on constitutional grounds - specifically, a potential violation of Article 21 due to prolonged incarceration - not on the merits of the case.

Referring to prior judgments against Balaji, the court questioned the state’s decision to reinstate him and expressed frustration, noting that during the bail hearing, it was misled into believing that Balaji no longer held a ministerial position.

“We proceeded on the basis that he had stepped down. Now he’s back in office, and that changes everything. This is not how one should deal with the judiciary,” the court observed, warning that it might reconsider its leniency in future PMLA cases if such developments continue.

Senior advocate Mukul Rohatgi, representing Balaji, argued there was no direct evidence against his client. Meanwhile, senior advocate Kapil Sibal, representing the Tamil Nadu government, proposed shifting the trial out of the state if interference was a concern. The bench, however, rejected this, stating it wouldn’t resolve the core issue.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, backed the claims of witness tampering and reiterated the agency’s concerns.

The court agreed to defer further proceedings to April 28 at Sibal’s request but reiterated that it would not hesitate to cancel bail if Balaji chooses to remain in office.

Balaji, 48, was arrested by the ED on June 14, 2023, in connection with a money laundering case linked to the infamous “cash-for-jobs” scam during his tenure as Transport Minister under the previous AIADMK government (2011–2015). He was granted bail by the Supreme Court on September 26, 2024, after spending over 15 months in jail, with the court noting the trial was unlikely to conclude anytime soon.

Just three days after his release, Balaji was reinducted into the cabinet with key portfolios, a move now under intense judicial scrutiny.

The Enforcement Directorate's investigation stemmed from three FIRs filed by Tamil Nadu Police in 2018, alleging massive irregularities in recruitment. The agency’s chargesheet described the recruitment process under Balaji as a “corrupt chiefdom.”