NEW DELHI: Accused in the cash-for-job scam involving irregularities in the appointments of the state transport corporation, Tamil Nadu electricity minister Senthil Balaji, a number of other public servants and bribe givers, suffered a setback as the Supreme Court on Tuesday paved way for the crime branch to continue the investigation and the Enforcement Directorate (ED) to commence with their probe.
“The investigation and trial of a criminal case cannot be converted by the complainant and the accused into a friendly match. If they are allowed to do so, it is the umpire who will lose his wicket,” the bench of Justices Krishna Murari and V Ramasubramanian said.
The bench set aside Madras High Court’s (HC) October 31, 2022 ruling directing a fresh probe into the matter, and the September 1, 2022 order of quashing the summons issued by the ED to Senthil Balaji and others under the Prevention of Money Laundering Act (PMLA). “ED will now be entitled to proceed further from the stage at which their hands were tied by the impugned order,” SC said while affirming the HC’s order of permitting the ED to inspect the documents.
The bench also directed the Investigating Officer to file further/final reports within two months. The SC was of the opinion that the HC’s October 31 ruling was ‘shocking’ as it directed ‘wiping out the earlier investigation altogether.’
“We must remember that certain theories of law were developed at a time when the of administration of the criminal justice system was in the hands of honest and responsible police officials. Today the situation is different. In cases of this nature, where some of the complainants and the accused have come together to form an unholy alliance, the victims of the crime cannot be left at the mercy of such partnerships,” the court said.
Additionally, the SC also dismissed contempt pleas filed by the anti-corruption movement seeking the initiation of contempt proceedings against the police officials involved. “The police officers alone cannot be held guilty. However, if the future course of investigation shows any disobedience of the orders of this court, it will always be open to the petitioner again,” the court said.