Cash for Job Scam: Supreme Court Eases Bail Conditions for Former TN Minister Senthil Balaji in PMLA Case
SC modified bail conditions for ex-TN Minister Senthil Balaji in the PMLA cash-for-jobs case, easing his reporting requirements
The Supreme Court on Monday relaxed the bail conditions of former Tamil Nadu Minister V Senthil Balaji in the money laundering case linked to the alleged cash-for-jobs scam, modifying the requirement that he appear before the Enforcement Directorate twice a week.
During the hearing, the Counsel for the respondents argued that Balaji’s plea was “actually in the form of a review,” pointing to a similar case where the accused, after challenging conditions, had filed a miscellaneous application.
Senior Advocate Kapil Sibal, appearing for Balaji, countered that the trial had not even commenced and questioned how the former minister could influence anyone at this stage.
Justice Joymalya Bagchi sharply questioned the necessity of the twice-a-week attendance rule. “A man is going before you every Monday to Friday. He has a cup of tea with your officer? Is this necessary?” he asked. Noting that Balaji had been complying for over 1.5 years, the judge added that the requirement was causing needless harassment for both Balaji and the officer who had to remain available. “Harassment, political intimidation… how are you justifying attendance twice a week?”
When the agency argued that the bail had been granted despite Balaji not qualifying under Section 45 of the PMLA, the Bench remained unconvinced.
Chief Justice Surya Kant then ordered the relaxation. “Let him appear once a month,” he said initially.
Sibal responded that Balaji was ready to appear whenever required.
Conclusively, the Court modified the condition entirely: Balaji will now appear before the investigating agency as and when required, with prior notice to be given to him. The respondent’s counsel protested, stating that Balaji had already appeared on “31 dates in 31 months.”
In November, the Court had issued notice on a plea by 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 had 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).
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.