NEW DELHI: The Supreme Court has once again questioned V Senthil Balaji's induction and continuance in Tamil Nadu's Cabinet amid his trial in cash for jobs scam, the most of the witnesses were public servants and the victims the common people.
The court said it was worried over the scenario, by seeking details of the witnesses to be examined in the matter.
SC Seeks Witness Details in Senthil Balaji’s Cash-for-Jobs Scam Trial
“It can't be axiomatic that the moment a person is released he becomes a minister, there is something terribly wrong," a bench of Justices Abhay S Oka and Augustine George Masih said.
The court asked the Tamil Nadu government as to how many witnesses remained to be examined in the money laundering scam case.
Tamil Nadu Cabinet Faces Heat Over Senthil Balaji’s Reinduction
It issued notice to the Tamil Nadu government to clarify on this aspect.
"We had occasion to go through the details of the trials which are pending. Common people from whom money has been taken they are all witnesses. Civil servants are witnesses," the bench asked.
The court also wanted to know from the state as to how many victims are there in the case.
"If there are a large number of victims, then obviously this man occupying the position of cabinet minister, what will happen then," the bench asked.
Senior advocate Gopal Sankaranarayanan, for victim, submitted most of the prosecution witnesses are public servants and the respondent Minister has got three portfolios.
Solicitor General Tushar Mehta submitted that when the respondent was inside jail, he was a powerful minister, he continued up wield power as a minister without a portfolio.
"We will issue notice to the state to find out how many witnesses are there who are those witnesses. One more thing on December 2, we were issuing notice and then we modified it to allow you to take instructions. We are worried about this aspect," the bench told senior advocate Kapil Sibal, who represented the state.
Sankaranarayanan submitted immediately after the bail was granted to the respondent, one of the prosecution witnesses has been so afraid as he repeatedly failed to appear before the court.
"We direct the added respondent (Tamil Nadu) to place on record the details about the criminal cases pending against the second respondent (Balaji). The State will also place on record the number of witnesses which are required to be examined in the cases. The State will also place on record how many victims of the offences and the public servants are the witnesses," the bench said in its written order.
The court fixed the matter for consideration on January 15, 2024.
In an affidavit, the Enforcement Directorate last week had asked the Supreme Court to recall its bail order issued in favour of Tamil Nadu Minister V Senthil Balaji, claiming the trial against him is being sabotaged since his release of bail in the cash for jobs scam due to his "blatant disregard for the judicial process".
It claimed Balaji has violated the direction given by this court by seeking adjournments on non existent or frivolous grounds or creating hurdles in the early disposal of the cases.
The agency stated with the Supreme Court's order of bail on September 26, 2024, Balaji was inducted back to Tamil Nadu cabinet within 48 hours of release as a Minister for Electricity, Prohibition and Excise.
The agency said a crucial witness in the case, a state government Forensic Expert, was summoned by the court on September 13, 2024 for his appearance on September 19, 2024.
"From the date on which Balaji was released on bail i.e., September 26, 2024, PW4 failed to appear continuously for two hearings for chief and sought adjournments on health grounds," it pointed out.
On December 2, the Supreme Court has expressed its concern and surprise over re-induction of DMK leader Balaji in the Tamil Nadu's cabinet just after being granted bail, as it gave an impression of witnesses would be under pressure because of his position.
