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Synopsis

In the bail plea hearing of Tamil Nadu former minister V Senthil Balaji in a money laundering case, Additional Solicitor General AR. L. Sundaresan representing the Enforcement Directorate (ED) submitted before the Madras High Court on Thursday that there had been no manipulation of digital evidence as was being alleged. 

He refuted the allegation that the seized hard disk, which was part of the digital evidence in the case, had been manipulated and digital files on it had been fabricated. He submitted that since thousands of files were on that hard disk, only after proper investigation, the forensic expert had picked out a few files and added them to the list of concerned files, later on. However, he claimed that all this happened before the registration of the ECIR by the ED on July 29, 2021.

It had been submitted by the minister's counsel before the court during the hearing on February 14 that initially, the pen drive was reported to contain 284 files, but it was later revised to 472 files.

The Additional Solicitor General (ASG) further submitted that the crime branch investigation had revealed certain evidence before the PMLA court that showed the former minister's involvement in money laundering. "We have nothing to do with that. It is not tempered. Trial court evidence are by the crime branch and we have only its copies," he argued. 

Moreover, he contended that despite Balaji's resignation from his ministerial post, he still has the influence that he is likely to misuse and witnesses may be affected if he is released on bail. 

Furthermore, he argued that if there appears a genuine prosecution, the charge need not be proved beyond reasonable doubt when bail is under consideration under PMLA. 

Additionally, he asserted that the actual sum of proceeds of crime in the money-laundering case concerning the minister is Rs 67.75 crore, challenging the previously stated figure of Rs 1.34 crore put forth by the minister's counsel in court. The ASG further asserted that he has stashed away Rs 30.66 crore in different places, while the remainder is concealed.

On Wednesday, Senior Counsel C Aryama Sundaram appearing for the imprisoned former minister had argued that the digital evidence presented by the ED to assert charges of money laundering against Senthil Balaji was questionable.

He had asserted that the agency was saying that it would prove the authenticity of the evidence during trial but the same could not be accepted to keep the former minister inside jail.

Though on Thursday, the bench of Justice N Anand Venkatesh had posted the matter for futher hearing on February 19, now it will be taken up on February 21, as a request was made by Senior Counsel C Aryama Sundaram before the bench today. 

The ED arrested Senthil Balaji on June 14 last year in a money laundering and job scam 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.

Case Title: V.SENTHIL BALAJI VS DEPUTY DIRECTOR