Expunge Remarks in Senthil Balaji Case: Supreme Court Adjourns Plea to October 6

The matter came up before a bench comprising Justices Surya Kant and N.K. Singh.

Counsel for Balaji requested that the plea, listed as item 49, be taken up along with item 35. Senior Advocate Mukul Rohatgi, who was to lead the arguments, was unavailable as he was appearing in another Court.

Justice Surya Kant clarified whether the matter should be taken up for passover or short date, to which counsel requested a passover.

Counsel for the Complainant argued that just because he wants to become the Minister, remarks against him cannot be expunged.

The Bench informed that all related matters would be listed from October 6 onwards. Consequently, all three connected cases were adjourned.

The plea challenges the observations made by the Court while declining to cancel Balaji’s bail, which arises from his alleged involvement in the multi-crore ‘cash-for-jobs’ money laundering scandal.

The Bench while disposing of miscellaneous applications filed by Balaji, stated: “We will not expunge anything, we will not touch a single word… We are not touching the judgment. We will only clarify that the observations shall have no bearing on the trial.” The Court had emphasised that its earlier remarks were confined to the context in which they were made largely appellate review of pre-trial issues and should not influence the trial court’s independent evaluation of evidence.

Balaji, a senior DMK leader and erstwhile Electricity Minister of Tamil Nadu, was arrested by the Enforcement Directorate in June 2023 in connection with a cash-for-jobs scam allegedly dating back to his tenure as Transport Minister between 2011 and 2015.

However, the bench at the time imposed stringent restrictions, including barring him from accessing official files or influencing witnesses, and had made certain observations about the nature of allegations and the procedural conduct of the case. It is these observations that Balaji later sought to have expunged, arguing that their continued presence in the judicial record could prejudice the trial.

The present clarification addresses that concern by leaving the earlier orders intact but expressly limiting their effect.

On July 31, The Top Court came down heavily on the Tamil Nadu government over the handling of the multi-accused trial in the alleged cash-for-jobs scam involving former minister V. Senthil Balaji, likening the proceedings to a “rudderless ship” and observing that a cricket stadium would be needed just to mark the presence of over 2,000 accused.

Balaji had approached the Top Court against Madras High Court judgment which dismissed his bail plea on February 28, 2024.

During the hearing related to resignation of Balaji while being implicated in money-laundering charges, Solicitor General Tushar Mehta submitted, "The resignation and the undertaking not to hold any office should remain in effect until the trial is concluded. It should not happen that he resigns now and returns to office after a month".

The Enforcement Directorate moved to the Supreme Court seeking modification of bail granted to Balaji, alleging him of wilfully flouting judicial directions and stalling the trial. In its affidavit, the agency alleged that despite the Top court’s September 26, 2024 order directing an expedited trial, Balaji prolonged the cross-examination of a prosecution witness for nearly two months through repeated adjournment requests on frivolous grounds.