New Delhi:The Supreme Court on Monday said it is concerned over Tamil Nadu minister Senthil Balaji's swift reappointment to a Cabinet position immediately after securing bail in a money-laundering matter, saying "we grant bail, and the next day, you go and become a minister! This must stop…".
The matter came up before a bench comprising Justices Abhay S Oka and A.G. Masih. The bench was surprised to learn about the development, regarding Balaji’s appointment to the Cabinet, and stressed that it is a matter of concern: independence of witnesses.
"We grant bail, and the next day, you go and become a minister! This must stop," remarked the bench.
The bench said that anybody will be bound to think that witnesses will now be under pressure because of Balaji’s position as a senior Cabinet minister. "What is this going on?," said the bench, while stressing on the impact of his ministerial role on witnesses in the case. The case against Balaji arises out of an alleged cash-for-jobs scam case.
The bench said the basic principle here is that justice should not only be done but manifestly seen to be done, while seeking Balaji’s response on the application moved by K Vidhya Kumar, one of the complainants in the case.
The application demanded the recall of the September 26 judgment, where the apex court granted bail to Balaji, to ascertain a free and fair trial in the matter. Balaji was incarcerated in June 2023. Kumar has moved the apex court through advocate Neha Rathi.
The bench said the law laid down in the September 26 decision is a salutary judgment that benefits others as well. The apex court made it clear it is examining a very limited scope of question: whether Balaji’s ministerial appointment created an environment of fear or pressure among witnesses. The bench asked Balaji’s counsel to take instructions on it.
"The apprehension is that considering the seriousness of the allegations against the second respondent, the witnesses may not be in the frame of mind to depose against him, now that he holds the position of a Cabinet minister," said the bench.
The apex court has scheduled the matter for next hearing for December 13, while refraining from interfering with its earlier judgment. On September 29, Balaji took the oath as minister, assuming charge of electricity, non-conventional energy, and excise portfolios in Chief Minister MK Stalin’s Cabinet.
On September 26, the Supreme Court granted bail to DMK strongman Senthil Balaji in a money laundering case linked to the cash-for-jobs scam, saying that "it will amount to an infringement of his fundamental right under Article 21 of the Constitution of India of speedy trial”.
