The Supreme Court of India on Wednesday delivered a stern message to Tamil Nadu Minister V Senthil Balaji, offering him a choice between continuing in his ministerial position or retaining the bail granted to him in a money laundering case linked to a cash-for-jobs scam from his previous tenure as Transport Minister.
A Bench comprising Justices Abhay S Oka and Augustine George Masih noted that the bail order dated September 26, 2024, was passed based on the understanding that Balaji had stepped down from office—a key consideration in the Court’s Article 21 analysis regarding prolonged incarceration.
“We had granted bail on totally different grounds. If people are going to play with the process of law like this… we will record in our order that we made a mistake in ignoring the judgment findings against you,” Justice Oka observed.
COURT GIVES BALAJI A CHOICE: POST OR LIBERTY
The Court stopped short of immediately cancelling the bail but issued a clear warning. It directed Balaji to inform the Bench at the next hearing—scheduled for April 28 at 2 PM—whether he would resign from his post or risk being sent back to jail.
“We will give you a choice: post or freedom,” the Bench remarked.
The remarks came in response to a plea seeking recall of the bail order, filed by K Vidhya Kumar, who argued that Balaji’s reappointment as a minister after securing bail could potentially jeopardize the fairness of the trial under the Prevention of Money Laundering Act (PMLA).
ENFORCEMENT DIRECTORATE SUPPORTS PLEA
The Enforcement Directorate (ED), which arrested Balaji on June 14, 2023, supported the plea, stating that Balaji had continued to exercise political influence even during incarceration. The ED noted that several witnesses in the case were government officials who had worked directly under him.
DEFENSE COUNSEL DENIES WRONGDOING
Senior Advocates Kapil Sibal and Mukul Rohatgi, appearing for Balaji, refuted the allegations, asserting that there was no violation of bail conditions. Sibal also pointed out that the trial would not commence until 2026, and that the current government’s term would end before then.
The Court, however, remained unconvinced.
“There is already a finding recorded by this Court that he used his influence and clout as a Minister in the predicate offence… This is not the way to deal with the Court,” said Justice Oka, expressing concern that Balaji’s reinstatement undermines the precedent on bail under the PMLA.
