SC rejects ex-Tamil Nadu minister Senthil Balaji's plea seeking clarification of earlier order

New Delhi, Oct 6 (PTI) The Supreme Court on Monday refused to entertain a plea of DMK leader V Senthil Balaji seeking clarification of court's earlier order on whether he can be appointed as a minister again during the pendency of trial in alleged cash-for-job scam.

A bench of Justices Surya Kant and Joymalya Bagchi rejected the contention of Balaji, put forth by senior advocate Kapil Sibal representing him, that this court has never said anything about his ministership.

"We don't read the order or cannot read the order as an injunction on you in becoming a minister. However, if the atmosphere of the state is impacted by your becoming a minister or holding a post of power, then we have to ensure that the scheme of justice prevails," the bench said.

Sibal said there was not a word in the April 28 order about Balaji becoming a minister and there can't be any injunction by the court on his becoming a minister while he is being prosecuted.

Justice Kant questioned Sibal as to why the application for clarification was filed after apex court judge Justice Abhay S Oka, who asked him to resign as minister in Tamil Nadu government, has retired.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, also questioned the timing of the application and said that it was not in good taste.

Justice Kant told Sibal, "This court has not prevented you from taking over the post of the minister and it can't prevent you. But after it was found that on becoming minister just days after being granted bail, you were exercising some influence in the trial of cases, the court said it is better you go to jail".

Sibal pointed out that maybe this was in the court's mind but it was not reflected from the order and hence this application was filed.

Justice Bagchi said there were allegations of influence and the court found that these were prima facie correct.

Both Mehta and senior advocate Gopal Sankaranarayanan, appearing for the victims of the scam, took the bench through sequence of orders passed in the matter and said that the court on April 23 gave an ultimatum to Balaji and asked him to make a choice "between post and freedom" as it warned him of cancelling bail if he did not step down as minister.

Sensing the mood of the court, Sibal sought permission to withdraw the plea.

The bench allowed him to withdraw the plea seeking clarification.

In another matter related to Balaji, where victims have approached the court seeking appointment of a special public prosecutor, the bench asked the Tamil Nadu government why these cash-for-job scam cases involving the former minister and state officials be not transferred to Delhi or some other neutral place.

Senior advocates Abhishek Singhvi and Amit Anand Tiwari, appearing for the Tamil Nadu government, opposed the suggestion of the court saying that it will be a reflection on state judiciary that nothing is being done in these cases.

"We are only giving a suggestion that why not transfer the trial to Delhi or to some other neutral ground because the investigation is complete and only trial remains. The witnesses can depose virtually, if required. This is the court's suggestion because whenever a high state functionary or a minister is involved in criminal cases, allegations of influence or delay in trial are bound to be made," the bench said.

Singhvi and Tiwari sought time to file their response on the issue saying the response of the accused needs to be seen on the issue of transfer of trial outside the state.

Sankaranarayanan submitted that when a former chief minister of the state was involved in a criminal case, the trial was shifted to Karnataka and the court can think on that line also.

The bench said it will look into it and took on record a chart of leading lawyers submitted by Sankaranarayanan for being appointed as special public prosecutors.

It also asked the state government counsels to submit some names who can be appointed as special public prosecutors.

The top court was hearing a petition filed by Y Balaji, challenging the March 28 Madras High Court order dismissing pleas against the clubbing of multiple chargesheets in cases related to the alleged scam.

On July 30, terming the trial involving Balaji a "rudderless ship", the top court said a cricket stadium will be needed to conduct prosecution in the cash-for-job scam related cases where over 2,000 people have been implicated as accused.

It had pulled up the Tamil Nadu government for implicating so many persons as accused, questioned whether they are victims or victimisers and asked for the details of the accused and witnesses.

The top court had said it appears to be the most populated trial of India with 2,000 accused and 500 witnesses and that a small courtroom would not suffice.

Balaji resigned from the M K Stalin-led state Cabinet on April 27 after being pulled up by the top court.

On April 23, the apex court took exception to the fact that Balaji was reinstated as a minister, days after he obtained bail in a money laundering case related to the alleged cash-for-jobs scam.

On September 26, 2024, the top court granted bail to Balaji in a case probed by the Enforcement Directorate.

With Balaji spending more than 15 months in jail, the top court had observed that there was no possibility that the trial would be concluded in the near future. PTI MNL MNL KVK KVK