New Delhi, Nov 14 (UNI) The Supreme Court today issued notice on an application filed by former Tamil Nadu Minister V. Senthil Balaji, who has sought relaxation of certain bail conditions imposed in the money laundering case linked to the alleged cash-for-jobs scam.
A इench comprising Justice Surya Kant and Justice Joymalya Bagchi passed the order after hearing senior advocates Kapil Sibal and Narendra Hooda for Balaji.
Advocate Zoheb Hossain appeared for the Enforcement Directorate (ED), while senior advocate Gopal Sankaranarayanan represented the complainant, Y. Balaji.
Sibal sought modifications of two bail conditions. He said the plea seeks relaxation of two conditions from the September 26, 2024 bail order, mandating Balaji to mark attendance every Monday and Friday before the ED’s Chennai office, and to appear on the first Saturday of every month before investigating officers in the scheduled offences. The condition requiring his regular and punctual presence before courts handling the scheduled offences and before the special court should be removed, he argued.
ED counsel Zoheb Hossain opposed the request, arguing that the earlier bench had consciously imposed stringent conditions that have ensured smooth progress of the trial.
Sibal countered that the investigation is over, the complaint stands filed, and Balaji has cooperated fully — appearing 116 times before the ED. He argued that opposition to the modification is “purely adversarial.”
Justice Kant observed that the court was not expressing any view at this stage. However, the bench directed the ED to explain whether Balaji’s continued appearance under the condition remains necessary.
“These are essentially judicial proceedings. It’s not similar to the political battlefield,” Justice Kant remarked.
On September 26, 2024, a bench of Justice Abhay S. Oka and Justice AG Masih granted Balaji bail in the money laundering case, after reserving judgment on August 12, 2024.
The court had held that stringent bail provisions cannot coexist with prolonged trial delays.
Relying on the precedent in union of India vs. KA Najeeb, it emphasised that constitutional courts must safeguard the right to liberty and speedy trial under Article 21 when it is evident that the trial will not conclude within a reasonable period.
While allowing bail on the ground of delay, the court also recorded that there was a prima facie case against Balaji.
It noted: Printed files from a pen drive seized from Balaji’s premises had been certified by the Special MP/MLA Court;
There was prima facie material showing deposit of Rs 1.34 crore in his account;
Balaji’s explanation that the deposits were derived from MLA salary and agricultural income lacked prima facie support.
Balaji, a former Tamil Nadu Transport Minister and current MLA, faces allegations of orchestrating a cash-for-jobs scam between 2011 and 2016.
It is alleged that he, along with his aides and brother, collected money from job aspirants in exchange for appointments in the State Transport Department.
Multiple complaints led the ED to register an ECIR. In June 2023, Balaji was arrested under the Prevention of Money Laundering Act (PMLA). He later challenged the Madras High Court’s denial of bail before the Supreme Court, which eventually granted him bail on September 26.
The Supreme Court has now sought ED’s response on the plea for relaxation of bail conditions.
