Cash for Jobs Scam: Supreme Court Seeks ED’s Response on Senthil Balaji Plea to Relax Stringent Bail Conditions
Supreme Court sought the ED’s response after V Senthil Balaji asked for relaxation of the mandatory appearance conditions imposed in his 2024 bail order
SC issued notice on V Senthil Balaji’s plea seeking to ease frequent appearance requirements in the ED money laundering case
The Supreme Court on Friday issued notice on a plea filed by former Tamil Nadu Minister V Senthil Balaji seeking modification of the stringent bail conditions imposed on him in September 2024 in the money laundering case registered by the Enforcement Directorate.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi agreed to examine Balaji’s request to ease the mandatory appearance requirements laid down in the earlier order, particularly clauses 31(c) and 31(e).
Under those conditions, Balaji has been required to appear before the ED every Monday and Friday, appear before the Investigating Officer in the predicate offence on the first Saturday of every month, and attend every hearing before the trial court.
During the hearing, Advocate Zoheb Hossain appeared for ED.
Senior Advocate Kapil Sibal for Balaji told the Court that he has complied with all directions for over 13 months, resulting in 178 physical appearances before various authorities. His petition states that while the PMLA trial has now commenced, the predicate offence cases remain at the summons stage, making the continued frequency of appearances “unreasonable” and “onerous”.
He argued that the original conditions were imposed to facilitate smooth investigation and avoid delay, but that rationale no longer holds since the ED has completed its probe and the trial has begun. Balaji further submitted that the repeated mandatory travel for appearances has become disproportionate and affects his ability to effectively defend himself during trial.
The Court issued notice to the Enforcement Directorate and sought its response on whether the conditions could now be relaxed given the stage of proceedings and the petitioner’s compliance record.
The matter will be taken up after the agency files its reply.
Notably, in September 2024, the Apex Court had granted bail to Tamil Nadu's former minister V Senthil Balaji in a money laundering case. A division bench of Justices Abhay Oka and Augustine George Masih had reserved its verdict in August this year after it had questioned the Enforcement Directorate as to what was to be done in a situation where the trial was not moving forward. Solicitor General Tushar Mehta and Advocate Zoheb Hussain appeared for the ED. Hossain had told court that Balaji was the primary accused for three predicate offences and even if the trial in one specific case does not commence, the PMLA trial could still proceed based on the other two predicate offences.
Balaji has approached Supreme Court challenging the Madras High Court's decision from February this year dismissing his bail plea. High Court had decided the matter on merit and directed the trial court to proceed with the trial on a daily basis and conclude it within a three-month timeframe.
In August 2023, a division bench of the Supreme Court has dismissed the appeals filed by Balaji and his wife Megala, challenging the order granting Enforcement Directorate his custody in a money laundering case.
Allegedly, when Senthil Balaji, who recently resigned from the post of Tamil Nadu Electricity Minister, was serving as Transport Minister in Jayalalithaa’s Cabinet during 2011-15, a job racket took place where bribe was sought for jobs in the Metropolitan Transport Corporation. It is alleged that he had obtained money from third parties promising jobs in the Transport Department and thereafter cheated them.
The ED arrested the Minister on June 14 last year and he was remanded to judicial custody for 14 days. Meanwhile, after the Minister complained of chest pain, he was admitted to Tamil Nadu Government Multi Super Specialty Hospital at Omandurar Estate in Chennai for a medical checkup. At the government hospital, the Minister was advised CABG-Bypass surgery at the earliest.
On the same day, the Minister's wife moved the high court alleging that his arrest has been done without following the due procedure and sought his transfer to a private hospital for treatment. Later, the high court denied the Minister interim bail but allowed him to be shifted to a private hospital in Chennai for treatment.