SC declines Senthil Balaji’s plea, warns bail may be revoked if he turns Minister

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The Supreme Court on Monday, October 6 refused to entertain a plea filed by former Tamil Nadu minister and senior Dravida Munnetra Kazhagam (DMK) leader V Senthil Balaji seeking a clarification on its earlier order that had led to his resignation from the Cabinet in April this year.

According to Bar and Bench, a Bench of Justices Surya Kant and Joymala Bagchi said that the earlier order, passed by a Bench led by retired Justice Abhay S Oka did not prevent Balaji from becoming a minister again. 

However, the judges warned that his bail could be cancelled if he took charge as Minister and was found to be influencing witnesses in the money laundering case against him.

“The Court has not prevented you from becoming a Minister. But the day you become Minister, when we find that you have earlier been accused of influencing witnesses, we will cancel the bail again,” Justice Kant said.

Senthil Balaji was arrested in June 2023 by the Enforcement Directorate in connection with the alleged cash-for-jobs scandal when he was in office as Minister for Transport during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government’s term between 2011 and 2015.

However he was granted bail on September 26, 2024, by the Supreme Court after close to 14 months of incarceration.

In his recent plea, Balaji sought clarification that a paragraph in the April 23 order did not amount to a direction barring him from holding a Ministerial position while the trial was pending.

Senior Advocate Kapil Sibal, who appeared for Balaji, argued that the Court had no authority to mandate that he cannot become a Minister and said there were no allegations of witness tampering.

“If it is found at any stage that I am indulging in such activities, the Court may recall the order. The trial is yet to commence,” he said.

However, the Bench observed that the petition is to modify the earlier order rather than seek clarification and remarked that Balaji better not to press this application.

The court also asked to withdraw the plea. Following this, Sibal withdrew the plea and the Court then dismissed it as withdrawn.

Solicitor General Tushar Mehta, opposing the plea, said that it was filed after the retirement of Justice Oka who had made strong remarks against Balaji. 

The Supreme Court also issued notice on another application seeking transfer of the trial in the money laundering case outside Tamil Nadu. It suggested that Delhi could be a possible venue, but the prosecution opposed it, saying all witnesses were based in Tamil Nadu.

“We are not passing any orders today. We are suggesting that such allegations against the State do not come,” the Bench said.