CHENNAI: The Madras High Court on Wednesday reserved the orders on the bail application moved by former minister V Senthil Balaji in the money laundering case registered against him by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA).
After completion of arguments by senior counsels C Aryama Sundaram and Ranjit Kumar for the ex-minister and Additional Solicitor General (ASG) AR L Sundaresan for the ED, Justice N Anand Venkatesh reserved the orders.
Senthil Balaji, arrested by the ED on the charges of receiving proceeds of crime generated through the cash for jobs scam on June 14, 2023, had failed to get bail in his previous attempts under the Principal Sessions and Special Court for PMLA Cases. Subsequently, he filed the petition for bail in the High Court.
Though Balaji continued as a ‘Minister Without Portfolio’ even after his arrest, he resigned from the post earlier this month, a few days ahead of the hearing. The Special Court had dismissed his bail applications citing possibility of him derailing the probe and influencing the witnesses as he was still continuing as a minister.
Alleging that the ED had tampered with the electronic evidences against him, Aryama Sundaram, advancing arguments on Wednesday, said the evidence was polluted and did not have any substantial material to prove the charges of money laundering.
He also denied the charges of ED that the ex-minister had criminal antecedents as thirty cases were registered against him as per his poll affidavit. “Out of the thirty cases, 21 have been closed or action dropped. Three of the remaining cases are related to the predicate offence (of money laundering) while six are related to political protests,” he told the court.
Further, he said Shanmugam, one of the co-accused, was never appointed as an official PA, upon whose statements the ED is relying; and he asked for the proof to the relationship.
The senior counsel also said the ED does not have any admissible evidence against the minister but only had documents in the form of a pen drive collected from the government office.
However, ASG Sundaresan claimed the agency has material to prove the involvement of Senthil Balaji in committing the criminal activity of cash for jobs and generating the proceeds of crime. “The investigation is still going on,” he said, adding that Balaji, his brother Ashok Kumar and his two PAs are the masterminds behind the scam.
Arguing that incarceration is not a factor for considering bail in the money laundering case, the ASG said the former minister is still holding influence as an MLA of the ruling party. “The documents we have collected will speak themselves,” he said while concluding the arguments.
