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The ED claimed that as soon as Balaji, was enlarged on bail, the ongoing examination of prosecution witnesses was derailed due to him filing applications for copies of digital records and seeking a change of counsel in the midst of the trial
The Enforcement Directorate has filed an affidavit in the Supreme Court seeking a direction to modify the order of bail granted to Tamil Nadu Minister V Senthil Balaji due to blatant disregard for the judicial process and his deliberate attempts to delay the trial.
Despite the Supreme Court's directive to expedite the trial, Balaji has drawn out cross-examination of a prosecution witness on one pretext or another for nearly two months, it stated.
"This blatant disregard for the Supreme Court's instructions is a clear attempt to procrastinate and delay the trial proceedings," the ED said.
It claimed Balaji has violated the direction given by the top court by seeking adjournments on non-existent or frivolous grounds or creating hurdles in the early disposal of the cases.
The Enforcement Directorate contended that after 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.
Balaji was serving as a minister without portfolio even when he was in jail for a period of eight months as an undertrial prisoner. It was only a day prior to his bail application being listed before the High Court for final hearing, that he tendered his resignation, the agency said.
It said some of the key witnesses cited in the prosecution complaint filed by ED are individuals who previously worked under Balaji's supervision during his tenure as Transport Minister.
"This proximity between Balaji and the employees of transport corporation raises serious concerns about potential influence and impartiality in fair and effective trial now that he has reassumed office as a Minister," it said.
Until the accused was released on bail, the trial court conducted the chief and cross examination of three prosecution witnesses and chief examination of prosecution witness number four, it pointed out.
"However, as soon as the accused has been enlarged on bail, the ongoing examination of PWs has been derailed on account of the accused moving applications seeking copies of digital records and seeking change of counsel in the midst of trial," it said.
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.
After the attendance of PW-4 was secured on non bailable warrants, the counsels for Balaji cross-examined him for nearly two months on October 04, and October 29, November 07, November 15, November 22 and November 29 and December 09, with no end in sight, it claimed.
"Midway through the cross examination of the PW-4, the accused made a request for change in senior counsel. Midway through the cross-examination of the PW-4, the accused has moved an application seeking cloned copy of digital devices," it said.
The Supreme Court had on December 2, 2024, questioned the appointment of Balaji as a minister in Tamil Nadu Cabinet right after getting bail in a money laundering case.
With this view, a bench of Justices Abhay S Oka and AG Masih has decided to look into the issue of witnesses in the case being threatened after the appointment. However, the court has not recalled the judgment which had granted bail to Balaji.
The ED arrested the Minister on June 14, 2023, in cash for jobs scam during his previous term as a minister.
Case Title: V Senthil Balaji vs. ED
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