“Why File After Judge Retires?”: SC Questions Ex-TN Minister Senthil Balaji’s Plea Seeking Expunction of Remarks
SC allows Senthil Balaji withdrawal of plea on remarks in bail order amid money laundering case
The Supreme Court on Monday heard ex-Tamil Nadu Minister V Senthil Balaji’s plea seeking expunction of certain remarks made by a Retd. Justice Abhay S Oka-led bench while refusing to cancel his bail in the ‘cash-for-jobs’ money laundering case.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi, scrutinized the timing and intent of the application.
“Why file this application after Justice Oka’s retirement?” Justice Kant queried, questioning the propriety of Balaji’s move.
Solicitor General Tushar Mehta described the application as “not in good taste” and a potential abuse of the legal process.
Senior Advocate Kapil Sibal, representing Balaji, argued that the bail order should not be interpreted as a restriction on holding ministerial office while being prosecuted. Sibal submitted that while the observations reflected the “mind of the Court,” they were not part of the written bail order. He clarified that there were no allegations of Balaji attempting to influence witnesses and that he had fully cooperated with the investigation.
The Bench noted that the order expressed strong concerns over Balaji assuming ministerial responsibility amid ongoing allegations of influence over witnesses.
Justice Kant emphasized that the court’s observations were significant and could impact bail if Balaji were found to be influencing witnesses. “Till you attain complete acquittal… if you want to become Minister, file an application seeking permission,” he said.
After discussions, Sibal opted to withdraw the application unconditionally. The Court allowed the withdrawal but cautioned that any attempt to influence witnesses could trigger a recall of bail.
On related cases, the Bench considered requests for trial transfer to Delhi to ensure fairness and reduce potential political pressure in Tamil Nadu. Notices were issued, with replies to be filed within two weeks.
Previously, on September 22, the Court had heard the plea and fixed it for hearing on October 6.
In August, the Court had declined to alter or delete any portion of its earlier orders in the litigation involving former Tamil Nadu minister V. Senthil Balaji, but clarified that those observations would have no bearing on the trial proceedings.
The Bench while disposing of miscellaneous applications filed by Balaji, stated: “We will not expunge anything, we will not touch a single word… We are not touching the judgment. We will only clarify that the observations shall have no bearing on the trial.” The Court had emphasised that its earlier remarks were confined to the context in which they were made largely appellate review of pre-trial issues and should not influence the trial court’s independent evaluation of evidence.
Balaji, a senior DMK leader and erstwhile Electricity Minister of Tamil Nadu, was arrested by the Enforcement Directorate in June 2023 in connection with a cash-for-jobs scam allegedly dating back to his tenure as Transport Minister between 2011 and 2015.
However, the bench at the time imposed stringent restrictions, including barring him from accessing official files or influencing witnesses, and had made certain observations about the nature of allegations and the procedural conduct of the case. It is these observations that Balaji later sought to have expunged, arguing that their continued presence in the judicial record could prejudice the trial.
The present clarification addresses that concern by leaving the earlier orders intact but expressly limiting their effect.
On July 31, The Top Court came down heavily on the Tamil Nadu government over the handling of the multi-accused trial in the alleged cash-for-jobs scam involving former minister V. Senthil Balaji, likening the proceedings to a “rudderless ship” and observing that a cricket stadium would be needed just to mark the presence of over 2,000 accused.
Balaji had approached the Top Court against Madras High Court judgment which dismissed his bail plea on February 28, 2024.
During the hearing related to resignation of Balaji while being implicated in money-laundering charges, Solicitor General Tushar Mehta submitted, "The resignation and the undertaking not to hold any office should remain in effect until the trial is concluded. It should not happen that he resigns now and returns to office after a month".
The Enforcement Directorate moved to the Supreme Court seeking modification of bail granted to Balaji, alleging him of wilfully flouting judicial directions and stalling the trial. In its affidavit, the agency alleged that despite the Top court’s September 26, 2024 order directing an expedited trial, Balaji prolonged the cross-examination of a prosecution witness for nearly two months through repeated adjournment requests on frivolous grounds.
Case Title: V Senthil Balaji v. K. Vidhya Kumar and connected matters.
Hearing Date: October 6, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi