The Supreme Court on Monday (December 2) expressed surprise that Senthil Balaji was appointed Tamil Nadu minister soon after being released on bail in the money laundering case linked to the ‘cash for job’ scam .

A bench including Justice Abhay S. Oka And Judge Augustine George Masih was hearing a plea seeking to recall the judgment which had granted bail to Balaji on the ground that witnesses would be under pressure since Balaji had been made a minister after his release.

Hearing the application, Justice Oka observed: “We grant bail and the next day you become a minister! Surely anyone will have the impression that now, with your position as a high-ranking minister, witnesses will be under pressure. What is happening? ”

The bench, however, said it would not recall the judgment as the law stated therein as it benefited several other people. Saying that this would limit the scope of the investigation to whether the witnesses were under pressure, the bench asked Balaji’s lawyer for directions and adjourned the matter to December 13.

“We reiterate the right laid down in the said decision. However, the present application is based on the apprehension that immediately after enlarging respondent no.2 (Balaji) on bail vide order dated September 26, 2024, the second respondent was appointed as a Cabinet Minister… we are concerned that, given the seriousness of the allegations made against the second respondent in relation to the underlying offenses, the witnesses may not be in the state of mind to depose against the second respondent who is holding the office of Cabinet Minister This is the only aspect on which, prima facie, we are inclined to consider the application, and while making it clear that there is no. has no reason to interfere with the judgment on the merits and adjudication of the claim, it remains limited to the above Today, we do not issue notice The lead counsel appearing for the second defendant claim. time to take instructions on the 13th December. observed the bench.

As per the September 26 judgment, the Supreme Court granted bail to Balaji, despite find that There was prima facie evidence against him, due to his long incarceration (since June 2023) and the unlikelihood of a trial starting soon. The Court also considered that the requirement for a speedy trial should be interpreted as a condition of special laws that impose strict bail conditions.

On September 29, Balaji was sworn in as a Cabinet minister led by Chief Minister MK Stalin, handling the portfolios of power, non-conventional energy development, prohibition and excise.

Case: K. VIDHYA KUMAR v. THE DEPUTY DIRECTOR AND THE ANR. MA 2454/2024 in Crl.A. No. 4011/2024