Supreme Court surprised in Senthil Balaji case

Expressing surprise over the reinstatement of DMK leader Senthil Balaji as a Tamil Nadu minister soon after he got bail in a corruption case, the Supreme Court today said one would be under the impression that the witnesses against the politician would be under pressure.

The court was hearing a petition seeking withdrawal of the decision granting bail to the DMK leader. The bench declined to intervene on merits as the Senthil Balaji bail order has benefited other people seeking relief. The court said it would limit the scope of the petition to whether the witnesses against Mr Balaji were under duress.

“We grant bail and the next day you go and become a minister, one would be under the impression that now the witnesses would be under pressure because of your position as a senior cabinet minister. What is happening?” Justice AS Oka asked. Mr Balaji's counsel sought time to return with instructions and the matter was fixed for December 13.

“…the present application is based on the apprehension that the second respondent has been appointed as a Cabinet Minister immediately after the release of respondent No. 2 (Balaji) on bail by the order dated 26th September, 2024…The apprehension that That in view of the seriousness of the allegations against the second defendant in the predicate offences, the witness cannot be in a state of mind to testify against the second defendant holding the post of a Cabinet Minister… This is the only aspect on which the first Prima facie, we are inclined to consider the application, making it clear that there is no reason to interfere with the decision on merits and the decision of the application will be limited to the aforesaid,'' the bench said.

Thirty-nine-year-old Senthil Balaji is a four-time MLA who started his political career with the DMK, then moved to the AIADMK before returning to the DMK. He was arrested in June last year in connection with corruption charges during his tenure as Tamil Nadu transport minister in the J Jayalalithaa government from 2011 to 2015. Eight months after he was arrested by the Enforcement Directorate, he resigned as minister. Days after he was released on bail in September, the MK Stalin government reinstated him as a minister with key portfolios such as electricity, excise and prohibition.

Welcoming the bail relief to Mr Balaji, DMK leader and Tamil Nadu Chief Minister MK Stalin had accused the BJP of using the Enforcement Directorate to persecute political opponents. He wrote, “Even during the 'Emergency' the imprisonment was not that long. They thought they could shake Senthil Balaji's determination.”