NEW DELHI: The Supreme Court on Monday said it is concerned over Tamil Nadu minister Senthil Balaji's swift re-induction to a Cabinet position immediately after having been granted bail in a money-laundering matter, saying such a practice must stop.
A bench of Justices Abhay S Oka and Augustine George Masih expressed surprise over Balaji’s appointment to the Cabinet, and stressed that it is a matter of concern related to independence of witnesses.
Supreme Court Raises Alarm on Senthil Balaji’s Cabinet Return After Bail in Money Laundering Case
"We grant bail, and the next day, you go and become a minister! This must stop," the bench said.
Taking up an application for recall of the judgment, 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.
Witness Intimidation Fears: SC to Review Impact of Ministerial Role on Justice in Senthil Balaji Case
"What is this going on," the bench wondered while referring to the impact of his ministerial role on witnesses in the case.
The bench said the basic principle here is that justice should not only be done but manifestly seen to be done.
The court sought Balaji’s response on the application moved by K Vidhya Kumar, one of the complainants in the case.
The application sought recall of the September 26 judgment, where the apex court granted bail to Balaji, to ascertain a free and fair trial in the matter.
The bench said the law laid down in the September 26 decision is a salutary judgment that benefits others as well.
The court decided to examine a very limited scope of question whether Balaji’s ministerial appointment created an environment of fear or pressure among witnesses.
“This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgement on merits and adjudication of the application remains confined to the aforesaid,” the bench said.
The bench asked Balaji’s counsel to take instructions on it.
"The apprehension is that considering the seriousness of the allegations against the second respondent, the witnesses may not be in the frame of mind to depose against him, now that he holds the position of a Cabinet minister," the bench said.
The court fixed the matter for next hearing for December 13.
On September 29, Balaji took the oath as minister, assuming charge of electricity, non-conventional energy, and excise portfolios in Chief Minister MK Stalin’s Cabinet.
On September 26, the Supreme Court granted bail to DMK strongman Senthil Balaji in a money laundering case linked to the cash-for-jobs scam, saying that "it will amount to an infringement of his fundamental right under Article 21 of the Constitution of India of speedy trial”.
Balaji was arrested on June 14, 2023 in cases, arising out of cash for jobs scam.
He was released on bail after noting his 15 months of incarceration with no possibility of completion of trial in a few years.
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