New Delhi, Oct 6 (UNI) The Supreme Court today refused to entertain a plea filed by former Tamil Nadu Minister and DMK leader V. Senthil Balaji, who sought clarification on an earlier order that had compelled him to resign as minister in April this year.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi heard the application and observed that the April 28 order, passed by a Bench led by Justice Abhay S. Oka (now retired), merely recorded the submissions made in court and did not prohibit Balaji from holding ministerial office.
However, the Bench cautioned that if Balaji were to become a minister again, the court would consider cancelling his bail.
“This is a reflection of the Court’s mind. The Court has not prevented you from becoming a minister. But the day you become one, and if it is found that you have influenced witnesses earlier, we will cancel the bail,” Justice Kant remarked.
Senior Advocate Kapil Sibal, appearing for Balaji, submitted that the bail could be cancelled if any instance of influencing witnesses was proven.
The Bench responded that such allegations had indeed been made earlier. “If at any stage it is found that I am indulging in such activities, the Court may recall the order,” Sibal clarified, adding that the trial had yet to commence.
The Bench noted that Balaji’s bail had been granted due to prolonged incarceration and held that his plea for clarification effectively sought a modification of the earlier order.
The judges advised that the application was misconceived, suggesting that Balaji withdraw it unconditionally. Following this, the plea was dismissed as withdrawn.
During the hearing, Solicitor General Tushar Mehta opposed the application, terming it “not in good taste” since it was filed after the retirement of Justice Oka, who had passed strictures against Balaji.
“The Court had given him two options in April, either resign and stay out of jail or go back to prison. There was no mandate,” Mehta submitted.
Senior Advocate Gopal Sankaranarayanan, representing the applicant who had earlier sought recall of Balaji’s bail, also opposed the plea.
Balaji is facing trial in a money laundering case linked to the cash-for-jobs scam during his tenure as Transport Minister.
He was arrested by the Enforcement Directorate (ED) on June 14, 2023.
The Supreme Court had granted him bail in September 2024, on the understanding that he was no longer a minister.
However, his reinstatement shortly thereafter prompted concerns over potential influence on witnesses, leading to strong remarks from the Bench on April 23, compelling his resignation.
Senior Advocate Kapil Sibal, appearing for Balaji, submitted that his bail can be cancelled if he is found influencing anybody.
The Court then pointed out that there in fact were such allegations.
In response, Sibal said there was no allegation of influencing witnesses.
“If it is found at any stage that I am indulging in such activities, lordships may recall that order. Trial is yet to commence,” he added.
In a related development, the Supreme Court also issued notice on a plea seeking transfer of Balaji’s trial outside Tamil Nadu.
Senior Advocate Amit Anand Tiwari said, “ It won’t be possible to conclude the trial…witnesses in Tamil Nadu.”
Justice Kant, “They can depose online.”
Tiwari, “if it’s transferred, it would indicate there is no faith.”
Justice Kant, “ This is only to keep you away from allegations which are bound to come. ”
When the Bench suggested Delhi as a possible venue, the prosecution expressed difficulty, noting that all witnesses were based in Tamil Nadu.
The Court, however, clarified that it was only exploring the idea “so that such allegations against the state do not arise.”
