SC Asks Madras HC CJ To Appoint Another Judge For Trial Of Case Involving TN Minister Senthil Balaji

Tamil Nadu minister V Senthil Balaji was sworn in as minister by Tamil Nadu Governor R N Ravi on Sunday and was assigned the same key portfolios of 'electricity, non-conventional energy development, prohibition and excise.

New Delhi:The Supreme Court on Monday asked the Madras High Court chief justice to appoint another judge for trial of a case related to Tamil Nadu minister V Senthil Balaji, who was granted bail last week in a money laundering case related to alleged cash-for-job scam. Balaji, 48, was sworn in as minister by Tamil Nadu Governor R N Ravi on Sunday and was assigned the same key portfolios of 'electricity, non-conventional energy development, prohibition and excise,' which he held previously in the Chief Minister MK Stalin cabinet.

A bench of Justices Abhay S Oka and Augustine George Masih, which went through the report of a judge of a special court dealing with cases related to members of Parliament (MPs) and members of Legislative Assembly (MLAs) of Tamil Nadu, said he has 29 cases with him. The bench said the report submitted by the special judge indicates that he has 29 cases with him. In many cases, the trial has begun while in many others the trial is yet to begin.

"The case which is the subject matter of this application has more than 2,000 accused and around 600 prosecution witnesses. Looking at the allegations which have been made at the charge sheet, the case requires urgent disposal. "Considering the number of cases entrusted to the special judge, it would be appropriate that the Chief Justice of Madras High Court appoint one session judge to deal with this case," the bench ordered.

The bench directed the registry to forward the copy of the order to the Madras High Court registrar general to be placed before the chief justice for necessary action. The bench said the Madras High Court chief justice should entrust the case to the session judge, who is not burdened with other cases and directed the registrar general to submit a report on the next date of hearing.

Senior advocates Gopal Sankaranarayanan and Guru Krishnakumar, appearing for complainants, said he was granted bail last week and now he has been made a minister. "Now it is more imperative to transfer the case outside the state. He is now minister. We should have asked the court to impose a bail condition that he should not be made minister," Sanakaranarayanan said.

The bench said it is a political aspect in which the court cannot do much. Krishnakumar said Balaji should be removed from the ministership. "You file an application and we will look into it," the bench said and listed the matter for hearing on October 22. The ED had arrested Balaji, representing Karur assembly constituency, on June 14 last year in a money laundering case linked to a cash for jobs scam when he was transport minister during the previous AIADMK regime between 2011 and15.

On February 13, the governor accepted Balaji's resignation from the council of ministers. On September 26, the top court granted bail to Balaji, which ended his 471-day incarceration. On September 2, the top court refused to appoint a special public prosecutor for the trial of the case involving Balaji.

"As of today, no material is placed on record to show that the said prosecutor is not competent enough. Therefore, as of today, we are not inclined to consider the request for appointing a special public prosecutor," the bench had said. The top court had further said when public prosecutors are appointed to deal with prosecutions against MPs and MLAs pending before the special courts constituted under the orders of this court, "we are sure that the concerned public prosecutors are aware about the nature of the responsibilities entrusted to them".

It had said, "Perhaps, the burden on them is greater as the trials before the special courts dealing with the cases of members of Parliament and members of the Legislative Assembly, are being monitored by this court. The prosecutor has to act as an officer of the court." It had sought a report from the assistant sessions judge of the additional special court dealing with the cases related to MPs and MLAs of Tamil Nadu to submit a report on the number of cases before him, including the case related to Balaji.

The application filed by victims had sought appointment of special public prosecutor for trial of the case involving Balaji. The Enforcement Directorate (ED) had filed a case of money laundering in July 2021 to probe the allegations. Its complaint was based on three Tamil Nadu Police FIRs lodged in 2018 and complaints from some of those who failed to get the promised jobs.

The agency had said in its charge sheet that the entire recruitment process in the Tamil Nadu transport department during the tenure of Balaji as minister was turned into a "corrupt chiefdom", and the "cash-for-jobs scam" was executed under his authority.

Being a public servant, Balaji "misused" his official capacity as the then transport minister and obtained pecuniary benefits by corrupt and illegal means and directly acquired the proceeds of crime that were generated out of a criminal activity related to a scheduled offence, the agency alleged.