"What do we do if trial does not proceed?", asks SC while reserving verdict in Senthil Balaji's bail plea

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Synopsis

Supreme Court in November 2023 had dismissed the medical bail plea filed by Balaji, who was arrested by the Enforcement Directorate on June 14, 2023, and has been in custody since then in a money laundering case

A division bench of the Supreme Court has reserved its verdict in the bail plea filed by Tamil Nadu's former minister V Senthil Balaji in a money laundering case.

The bench of Justices Abhay Oka and Augustine George Masih 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.

Case Title: V Senthil Balaji vs. ED