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A Supreme Court bench headed by CJI NV Ramana and consisting of Justices Surya Kant and Hima Kohli today remarked that they should take a serious view over, or order a judicial inquiry into the way Tamil Nadu Police has handled the arrest of former Minister Rajenthra Bhalaji. The court granted an interim bail to Bhalaji for 4 weeks in the matter.

The court further took serious objection to Bhalaji being lodged in Trichy jail, which is 300 Kms away from the place where the crime was registered, not serving any summons to Bhalaji to join the enquiry and raiding the offices of Bhalaji’s lawyers.

On the last date of hearing the court was miffed by the fact that Bhalaji was arrested from Hasan, Karnataka a day before the plea challenging his rejection of anticipatory bail by Madras HC came to heard by the court.

Mukul Rohatgi, Senior Advocate, appearing for the State of Tamil Nadu submitted that Bhalaji being arrested a day before the hearing was a mere coincidence. He further submitted that being an ex Minister, Bhalaji tried to use his clout to wriggle out of being arrested. Rohatgi argued that a writ petition will not lie against the order of remand by the Magistrate and Bhalaji should move the Magistrate court for the bail.

Dushyant Dave, Senior Advocate, appearing for Bhalaji submitted that this was a case of political vendetta. He said, “We are increasingly becoming a police State and looks like any citizens can be arrested. The lower Magistracy is not standing up against it. We all know how police can pressurise witnesses.”

The CJI at this point asked Krishnamoorthy, AAG, appearing for State of TN, “Why have you taken him to a jail that is 300 kms away?”
The AAG replied to this saying that accommodation was not available in Madurai and Virudhunagar.

The CJI further said, “Do you have so many inmates? Why have you not decongested the jail amidst the surge in COVID-19? Have you not read our order in Suo Motto Writ petition 1 of 2020?”

The CJI was referring to the order passed by the court to decongest the prisons owing to COVID-19, according to the order the court were asked not to order detention in a mechanical manner for cases in cases involving punishment of 7 years or less.

The CJI remarked “This matter is becoming complicated.” While informing the counsels for the States of TN that it appears that the court has to look into this seriously and that court feels this is a fit case for ordering a judicial inquiry. The court however granted time for the State of TN to file a counter affidavit explaining their stand.

The court noted that an SLP was filed within 2 days of the High Court dismissing Balaji’s anticipatory bail and prior to his arrest his lawyers represented before the authorities not to do so as the SLP is pending before the court. The court ordered that “Taking into consideration the orders of the court in SUO Motto WP 1 of 2020 for time being we grant a bail to Rajenthra Bhalaji for a period of 4 weeks subject to him not leaving the police station of jurisdiction where crime was registered. We direct him to surrender his passport and co-operate with investigation.”

The matter will now be listed after 3 weeks.

Balaji had approached Supreme Court after his plea for anticipatory bail was dismissed by the Madurai Bench of Madras High Court. Balaji was being investigated by the Tamil Nadu Police for misappropriating rupees three crore from "Aavin" (Tamil Nadu’s dairy cooperative society) and cash for a job scam. His plea for anticipatory bail was rejected by the High Court on 17th December 2021.

On 6th January , the bench led by CJI NV Ramana said, “Is this being done out of Political Vendetta?”

Court also questioned the intention of the government for arresting him a day before the matter was listed with Justice Surya Kant remarking,

“Heavens are not going to fall if you wait for a day!”

The Court further questioned if the government was trying to stop the court from hearing the matter.  The AAG of Tamil Nadu sought time to seek instructions from the government.

The court also stayed all proceedings in the case pertaining to the job scam.

Case title: Rajendra Balaji Vs State Represented by Inspector of Police