Read Time: 06 minutes

Synopsis

The Supreme Court has declined to consider a plea for appointing a special public prosecutor to conduct proceedings in three cases against former Tamil Nadu Minister and D M K leader V Senthil Balaji in connection with cash-for-job scam.

A bench of Justices Abhay S Oka and Augustine George Masih, however, questioned the seven months time taken by the Governor in granting saction for prosecution of Balaji and sought a report from the trial judge about the status of the cases.

The court was informed across the Bar that on August 23, 2024, the sanction in these cases had been granted.

"We have perused the additional affidavit filed by the concerned Secretary of the state government stating that in all three cases, proposal for grant of sanction to prosecute Balaji was submitted to the office of the Governor on 4th January, 2024. We were wondering why such a long time of 07 months was required to deal with the proposal for sanction," the bench said. 

The Tamil Nadu government filed an affidavit pointing out the experience and credentials of the current Public Prosecutor P Washington Dhanasekaran.

The court asked the Assistant Sessions Judge, Additional Special Court for the Trial of the Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, to submit a report about the status of the cases subject matter of the present application and also details about the other cases pending in his court. 

Court directed the Registrar (Judicial) to forward a copy of the instant order to the Assistant Sessions Judge, who would submit a report in a sealed envelope before the next date.

With regard to a plea for appointment of Special Public Prosecutor, the bench said, as of present, no material was placed on record to show that the said prosecutor was not competent enough.

"Therefore, as of today, we are not inclined to consider the request for appointing a special Public Prosecutor," the bench said.

The court, however, underscored when Public Prosecutors are appointed to deal with prosecutions against Members of Parliament and Members of the Legislative Assembly, pending before the Special Courts constituted under the orders of the top court, the concerned Public Prosecutors are aware about the nature of the responsibilities entrusted to them. "Perhaps, the burden on them is greater as the trials before the Special Courts dealing with the cases of Members of Parliament and Members of Legislative Assembly, are being monitored by this Court. The Prosecutor has to act as an officer of the Court," it said.

Court posted the matter for consideration on September 30 for considering the report by the trial court.

Senior advocate Gopal Sankaranarayanan and advocate Balaji Srinivasan appeared for the applicant Y Balaji and senior advocate A M Singhvi for the DMK leader.

Case Title: Y Balaji Vs The Assistant Commissioner of Police Central Crime Branch (Job Racketting) & Anr