SC to examine ex-TN minister Senthil Balaji's plea for relaxation of bail condition

New Delhi, Nov 14 (PTI) The Supreme Court on Friday agreed to examine a plea of former Tamil Nadu minister V Senthil Balaji seeking relaxation of his bail conditions in the money laundering case related to the alleged cash-for-job scam in the state.

A bench of Justices Surya Kant and Joymalya Bagchi issued notice to the Enforcement Directorate (ED) on the plea of Balaji and sought its response in 10 days. The matter has been posted for hearing on December 1.

Senior advocates Kapil Sibal and Narendra Hooda, appearing for Balaji, said he was seeking modification of two conditions in the bail order -- one that he shall mark his attendance on every Monday and Friday between 11 am and 12 noon in the office of deputy director of ED at Chennai and he shall appear before the investigating officers of the police in three scheduled offences related to the case on first Saturday of every month.

Sibal said the second condition, which is sought to be modified, is that Balaji shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the special court and shall cooperate with the courts for early disposal of cases.

He contended that the investigation was over and the charge sheet had been filed in the ED case, and Balaji had appeared 116 times before the federal probe agency since he got bail on September 26, last year.

"During this period, I have never absconded and appeared before ED officers as directed by the court," he submitted.

However, advocate Zoheb Hussain, appearing for ED, said the bench was conscious of his conduct and the possibility of influencing witnesses.

"These conditions have ensured smooth conduct and progress of the trial in the case," he said while opposing the plea for modification of the bail conditions.

The bench said at the moment it will not go into the appearance before the court bail condition, but the ED may respond to the condition of his appearance before its deputy director and whether it is at all required, given the fact that a charge sheet has been filed in the case.

On September 26, last year, the top court granted Balaji bail in the money laundering case after over 15 months, noting there is no possibility of the completion of the trial in the near future.

The top court said Balaji, who was arrested by the ED, has been in jail since 2023, and his continued detention will amount to an infringement of his fundamental right under Article 21 of the Constitution.

Noting there are more than 2,000 accused and over 600 witnesses in the case, the top court said inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together.

The apex court had, however, taken note of the submissions of Solicitor General Tushar Mehta, appearing for the ED, that Balaji may influence the witnesses in the case and imposed stringent conditions on him. It had directed Balaji to furnish bail bonds in the sum of Rs 25 lakh with two sureties in the like amount.

The top court had further directed that Balaji shall not directly or indirectly attempt to contact or communicate with the prosecution witnesses and victims of the three scheduled offences in any manner.

"The appellant shall mark his attendance every Monday and Friday between 11 am and 12 noon in the office of the deputy director, the Directorate of Enforcement at Chennai. He shall also appear on the first Saturday of every calendar month before the investigating officers of the three scheduled offences," it had said.

The top court had directed Balaji to surrender his passport to the special court under the PMLA at Chennai before he is set free on bail.

"The appellant shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the special court and shall cooperate with the courts for early disposal of cases.

"If the appellant seeks adjournments on non­-existing or frivolous grounds or creates hurdles in the early disposal of the cases mentioned above, the bail granted to him shall be liable to be cancelled," it had added.

Balaji was arrested on June 14, 2023, by the ED in connection with a money laundering case linked to an alleged cash-for-jobs scam when he was the transport minister in an earlier AIADMK government.

The ED on August 12, 2023, filed a 3,000-page charge sheet against Balaji. PTI MNL MNL NSD NSD