NEW DELHI: The Supreme Court, in its order on Monday, refused to cancel the bail granted to DMK leader V Senthil Balaji in the “cash-for-jobs” scam, after it was apprised that he resigned from his ministership on Sunday and the resignation was accepted by TN governor.
A two-judge bench, comprising Justice Abhay S Oka and Justice Augustine George Masih, disposed of the applications filed by the Enforcement Directorate (ED) and a witness seeking to cancel the bail granted to Balaji. The ED also claimed that he was allegedly trying to influence witnesses during his release on bail, which Balaji denied.
Despite Balaji’s resignation, Solicitor General Tushar Mehta, appearing for the ED, pleaded with the Supreme Court to impose a condition that he should not become a minister again while the matter is pending. “Similar conditions have been imposed in the Arvind Kejriwal case. Without such a condition, Balaji will return as a minister after a month,” Mehta said, as Justice Oka is retiring on May 24.
After hearing this, the bench asked Mehta, “Your apprehension is that he will again become a minister? At that stage, you can apply for the cancellation of bail.”
The SG argued that Balaji possessed immense power and influence over the state government and pointed out that, even when he was in jail, he continued as a minister without a portfolio.
“Since the state is prosecuting the predicate offence (the case under the Prevention of Corruption Act), that trial will see no progress with Balaji’s influence,” he submitted. However, the bench refused, saying, “As Balaji has already resigned, there is no need to entertain the application.”
Alleging Balaji was delaying trial, Mehta requested the bench to pass a direction for the expeditious trial in the predicate offence case. Balaji’s advocate Mukul Rohatgi denied the allegation. The bench did not provide any direction in this regard.