Supreme Court Rejects DMK Leader V Senthil Balaji's Plea for Ministerial Position Clarification in Cash-for-Job Scam Case

New Delhi:

The Supreme Court on Monday declined to entertain DMK leader V Senthil Balaji's plea seeking clarification on whether he could be reappointed as a minister while his trial in the alleged cash-for-job scam remains pending.

A bench comprising Justices Surya Kant and Joymalya Bagchi rejected arguments presented by senior advocate Kapil Sibal, who represented Balaji, claiming that the court had never specifically addressed his client's ministerial position.

"We don't read the order or cannot read the order as an injunction on you in becoming a minister. However, if the atmosphere of the state is impacted by your becoming a minister or holding a post of power, then we have to ensure that the scheme of justice prevails," the bench stated.

Sibal contended that the April 28 order contained no explicit prohibition against Balaji assuming a ministerial role while under prosecution.

Justice Kant questioned why the clarification application was filed after Supreme Court Justice Abhay S Oka, who had directed Balaji to resign from the Tamil Nadu government, had retired.

Solicitor General Tushar Mehta, representing the Enforcement Directorate, also raised concerns about the timing of the application, describing it as distasteful.

Justice Kant informed Sibal, "This court has not prevented you from taking over the post of the minister and it can't prevent you. But after it was found that on becoming minister just days after being granted bail, you were exercising some influence in the trial of cases, the court said it is better you go to jail".

Sibal noted that while this might have been the court's intention, it wasn't explicitly stated in the order, which prompted the clarification request.

Justice Bagchi pointed out that allegations of influence had been made and the court had determined these were prima facie correct.

Both Mehta and senior advocate Gopal Sankaranarayanan, appearing for scam victims, detailed the sequence of court orders, noting that on April 23, the court had presented Balaji with an ultimatum to choose "between post and freedom," warning of bail cancellation if he didn't resign as minister.

Recognizing the court's position, Sibal requested permission to withdraw the plea, which the bench granted.

In a related case where victims sought appointment of a special public prosecutor, the bench asked the Tamil Nadu government why the cash-for-job scam cases involving the former minister and state officials shouldn't be transferred to Delhi or another neutral location.

Senior advocates Abhishek Singhvi and Amit Anand Tiwari, representing Tamil Nadu's government, opposed this suggestion, arguing it would reflect poorly on the state judiciary.

The bench explained, "We are only giving a suggestion that why not transfer the trial to Delhi or to some other neutral ground because the investigation is complete and only trial remains. The witnesses can depose virtually, if required. This is the court's suggestion because whenever a high state functionary or a minister is involved in criminal cases, allegations of influence or delay in trial are bound to be made."

Singhvi and Tiwari requested time to file their response, noting that the accused's position on transferring the trial outside the state should be considered.

Sankaranarayanan mentioned that when a former chief minister faced criminal charges, the trial had been moved to Karnataka, suggesting a similar approach could be considered.

The bench acknowledged this point and recorded a list of prominent lawyers submitted by Sankaranarayanan for potential appointment as special public prosecutors.

The court also directed state government counsels to suggest names for special public prosecutors.

The Supreme Court was hearing a petition by Y Balaji challenging the March 28 Madras High Court order that dismissed pleas against consolidating multiple chargesheets in cases related to the alleged scam.

On July 30, describing the trial as a "rudderless ship," the top court remarked that a cricket stadium would be needed to conduct prosecution in the cash-for-job scam cases involving over 2,000 implicated accused.

The court criticized the Tamil Nadu government for implicating so many individuals, questioning whether they were victims or perpetrators, and requested details of both the accused and witnesses.

The Supreme Court observed that this appeared to be India's most densely populated trial, with 2,000 accused and 500 witnesses, noting that a standard courtroom would be inadequate.

Balaji resigned from Chief Minister M K Stalin's cabinet on April 27 after being reprimanded by the Supreme Court.

On April 23, the court had expressed disapproval of Balaji's reinstatement as minister shortly after receiving bail in a money laundering case connected to the alleged cash-for-jobs scam.

On September 26, 2024, the Supreme Court granted Balaji bail in a case investigated by the Enforcement Directorate.

After Balaji spent more than 15 months in jail, the court noted that there was no likelihood of the trial concluding in the near future.