New Delhi: The Enforcement Directorate (ED) has told the Supreme Court that Tamil Nadu Minister and DMK strongman Senthil Balaji, after being granted bail in a money laundering case linked to the cash-for-jobs scam, has shown blatant disregard for the judicial process and he is deliberately attempting to delay the trial.
A bench led by Justice Abhay S Oka allowed ED to file its affidavit in a plea seeking to recall its earlier judgment granting bail to Balaji. "That despite this court’s directive to expedite the trial, Senthil Balaji has drawn out the cross-examination of a prosecution witness on one pretext or another for nearly two months'. This blatant disregard for the Supreme Court’s instructions is a clear attempt to procrastinate and delay the trial proceedings," said the ED's affidavit.
The ED said it is amply clear that Balaji has violated the direction given by the top court by seeking adjournments on non-existent or frivolous grounds or creating hurdles in the early disposal of the cases.
"From the date on which Balaji was released on bail, a crucial prosecution witness failed to appear continuously for 2 hearings (September 26, 2024, and September 30, 2024) before the special judge, Chennai, and sought adjournments on health grounds," said the affidavit.
The ED said the special judge issued a non-bailable warrant (NBW) and on October 4, 2024, he was compelled to present himself on account of the pending NBW.
The ED said after Balaji was released on bail, the ongoing examination of prosecution witnesses has been derailed on account of the accused moving applications seeking copies of digital records and seeking a change of counsel in the midst of the trial.
"Some of the key witnesses cited in the prosecution complaint filed by the ED are individuals who previously worked under Balaji’s supervision during his tenure as transport minister. This proximity between Balaji and the employees raises serious concerns about potential influence and impartiality in fair and effective trial now that Balaji has resumed office as a minister," said the ED.
The ED said the Tamil Nadu government inducted him back to its cabinet within 48 hours of release as a Minister for Electricity, Prohibition, and Excise.
On December 2, the Supreme Court had said it is concerned over 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 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 top court had 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. On September 26, the top court granted bail to Balaji in a money laundering case linked to the cash-for-jobs scam.
