CHENNAI: Justice N Anand Venkatesh of Madras High Court on Tuesday questioned the rationale behind the continuance of V Senthil Balaji as a Minister without portfolio even after incarcerated in prison for more than 230 days in the money laundering case registered by the Enforcement Directorate.
When a bail application filed by the Minister seeking to enlarge him on bail since the ED had completed the probe into the case came up for hearing, the judge said if a low-level government is arrested, he would be considered to be placed under suspension.
The judge also said that Senthil Balaji has been incarcerated for more than 230 days since being arrested by the ED but continues to be a Minister.
Citing the comments made by the first bench of Madras High Court led by the Chief Justice in a quo warranto writ against Senthil Balaji that his continuance for long in the public office would not be in fairness, Justice Anand Venkatesh said his continuance “does not augur well.”
He also said if a judge is facing a criminal charge, what message would be sent out if he continues to hold the office?
Senior counsel Aryama Sundaram, appearing for Senthil Balaji, submitted that he has to be enlarged on bail since the ED has completed the investigation and placed the materials before the trial court.
Bail cannot be denied merely on the fact that a co-accused (Senthil Balaji’s brother Ashok Kumar) is still absconding.
Directing the ED to file its counter-affidavit to the bail petition, the judge posted the matter to February 14, 2024 for hearing.
This is the second bail petition moved by Senthil Balaji in the Madras High Court after his earlier petition was dismissed. Recently, the Principal Sessions and Special Court for PMLA Cases dismissed the bail application on the ground that he may influence the witnesses and derail the probe.
He was arrested by the ED on June 14, 2023 on the charges of receiving tainted money generated through the cash for jobs scam committed during his tenure as the Transport Minister between 2011 and 2014 in the then AIADMK government led by J Jayalalithaa.