Expressing concern over the appointment of Dravida Munnetra Kazhagam leader V Senthil Balaji as a minister in the Tamil Nadu government days after he was released on bail in the money laundering case linked to the “cash for work” scam, the Supreme Court accepted on Monday. to consider a plea raising apprehensions over the independence of witnesses in the case.

IMAGE: DMK leader V Senthil Balaji. Photography: @V_Senthilbalaji/X

A bench comprising Justices Abhay S Oka and Augustine George Masih, however, refused to interfere with the apex court’s September 26 order granting bail to Balaji following a plea filed by one of the complainants seeking its quashing.

“We granted you bail and a few days after you became a minister. Everyone will definitely have the impression that now, with your position as chief minister, witnesses will be under pressure. What is happening ?” asked the court’s senior advocate Mukul Rohatgi, appearing for Balaji.

The bench, however, said it would not recall the September 26 order as the law laid down by the apex court benefited several other people.

Justice Oka further said the court would not issue any opinion on the matter, but would limit the scope of the investigation to whether the witnesses would be “under pressure” to testify in the case.

“The fear is that given the seriousness of the allegations against the second accused (Balaji) in the underlying offenses, the witnesses may not be in the frame of mind to testify against the second accused who occupies the post of Minister This is the only aspect on which prima facie we are inclined to examine the application, and while specifying that there is no reason to interfere with the judgment on the merits and the arbitration of. demand, this remains limited to what precedes,” wrote the judiciary. in its order.

He asked Balaji’s lawyer Ram Sankar for instructions and posted the case on December 13.

The bench noted that the present plea, filed by one of the complainants, K Vidhya Kumar, was based on the apprehension that immediately after grant of bail, Balaji was made a minister.

On October 25, in another case related to Balaji, the top court was informed that a petition seeking review of Balaji’s bail order in the case had been filed.

The top court granted bail to DMK strongman Balaji on September 26 in the money laundering case after more than 15 months, noting that there was no possibility to complete the trial in the near future.

On September 30, the top court ordered the Chief Justice of the Madras High Court to appoint another judge for the trial against Balaji.

Balaji, 48, was sworn in as a minister by Tamil Nadu Governor RN Ravi on September 29 and was given the same key portfolios – power, non-conventional energy development, prohibition and excise – that he held previously to Chief Minister MK Stalin. cupboard.

The ED arrested Balaji, representing Karur Assembly constituency, on June 14, 2023, in this case when he was transport minister during the previous AIADMK regime between 2011 and 2015.

On February 13, the governor of Tennessee accepted Balaji’s resignation from the cabinet. The stay granted by the apex court on September 26 ended his 471 days of incarceration.

The Enforcement Directorate filed a money laundering case in July 2021 to investigate the allegations after three FIRs were registered by the Tamil Nadu Police in 2018 and based on complaints filed by people harmed by the alleged fraud.

The agency’s chargesheet claims that the entire recruitment process in the Tamil Nadu transport department during Balaji’s tenure as minister was turned into a “corrupt chieftaincy” and that the scam was executed under his authority.

As a public servant, Balaji “abused” his official capacity as the then Minister of Transport and obtained pecuniary benefits through corrupt and illegal means and directly acquired the proceeds of crime, generated by criminal activity linked to a scheduled offense, the agency alleged.