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Former Tamil Nadu Minister Senthil Balaji, on Friday, July 11, approached the Supreme Court requesting the removal of certain observations made against him in the apex court’s September 8, 2022 order related to the cash-for-jobs scam. The September judgement had reinstated criminal complaints that were previously quashed by the Madras High Court on the basis of a settlement between the parties.
The Supreme Court had set aside the High Court’s order by observing that there was clear evidence of corrupt practices aimed at securing employment in the Tamil Nadu Transport Corporation during Balaji’s tenure as Minister between 2011 and 2015. The Court stated that "serious offences like corruption cannot be quashed merely on the basis of an offer to refund."
Balaji’s current application expresses concern that the remarks in paragraphs 45 and 46 of the September 2022 judgement could influence the trial court’s proceedings and jeopardize his right to a fair trial.
Senthil Balaji submitted, “The Applicant humbly submits that the observations made by this Hon’ble Court ... would not allow the Applicant to have a fair trial if the same stand. Not only would the same be used by the prosecution to sway the Ld. Trial Court against the Applicant, it also has the effect of demoralizing the present Applicant and creating an apprehension that the trial would find its course only as an empty formality.”
Further, Balaji stressed that since these observations come from the Supreme Court, the trial court is likely to be prejudiced against him during the proceedings, which he contends would violate his fundamental right to a free and fair trial under Article 21 of the Constitution of India.
The top court in its 2022 verdict had remarked, “We are constrained to say that even a novice in criminal law would not have left the offences under the PC Act, out of the final report. The attempt of the IO (investigating officer) appears to be of one 'willing to strike but afraid to wound'.” The Court further observed that the state should have undertaken a comprehensive investigation into the entire scam rather than treating the matter as a private money dispute.
Balaji is currently facing separate trials under the Prevention of Corruption Act and the Prevention of Money Laundering Act for his alleged role in the scam.
He was arrested in June 2023 in connection with the money laundering probe but was granted bail by the Supreme Court in September 2024. However, the Court had taken serious exception to him returning to the State Cabinet soon after his bail, and after warnings that he must choose between holding ministerial office and his freedom, he resigned from the Tamil Nadu Council of Ministers on April 27, 2025.