The Supreme Court on Monday expressed concern over the Tamil Nadu government’s decision to reappoint Senthil Balaji as a cabinet minister immediately after he was granted bail in a money-laundering case registered by the Enforcement Directorate.
“What’s happening? What is this? He has serious charges against him, but you straightaway appoint him a minister?” a bench of Justices A.S. Oka and George Masih asked senior advocate Sidharth Luthra, appearing for the Tamil Nadu government.
The bench was dealing with an application filed by Vidhya Kumar, seeking a recall of the bail granted to Balaji by the apex court on September 26. Kumar was one of the victims of the alleged cash-for-jobs scam in the Tamil Nadu Metro Transport Corporation when Balaji was the transport minister.
The apex court had granted bail to Balaji on the ground that he had already spent 18 months in jail and the trial was not likely to conclude soon. The court had also held that prolonged incarceration of an undertrial would violate a citizen’s fundamental right under Article 21 of the Constitution.
“We grant bail and the next day you become a minister!” Justice Oka, heading the bench, said on Monday.
Balaji was appointed a cabinet minister by the M.K. Stalin government on September 29, three days after his bail.
“Now with your position as a senior cabinet minister, witnesses will be under pressure,” the bench said.
In its judgment, the bench observed: “The present application is based on apprehension.... The apprehension is that considering the seriousness of the allegations against the second respondent in the predicate offences, the witnesses may not be in the frame of mind to depose against the second respondent who is now holding the position of a cabinet minister. This is the only aspect on which, prima facie, we are inclined to consider the application.”
The bench, however, said it would not recall the September 26 order and posted the matter on December 13.