SC dismisses Senthil Balaji's plea to expunge bail remarks

The Supreme Court on Monday (October 6) declined a plea by Tamil Nadu’s former minister V Senthil Balaji seeking to expunge certain observations made by a previous bench while refusing to cancel his bail in a money-laundering case linked to the alleged 'cash-for-jobs' scam.

In a separate development during the hearing, the apex court issued a notice on a suggestion to transfer Senthil Balaji's trial from Chennai to Delhi, citing concerns over a potentially “charged” atmosphere in the state.

A bench comprising Justices Surya Kant and Joymalya Bagchi heard Senthil Balaji’s application, which targeted remarks by a now-retired bench led by Justice Abhay Oka.

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The earlier order had expressed strong reservations about Senthil Balaji resuming his role as a minister shortly after securing the bail, implying it could influence witnesses.

'Maybe it's in the court's mind'

Senior advocate Kapil Sibal, representing Senthil Balaji, argued that the observations did not reflect in the written order and should not be interpreted as a bar on his client holding public office. “Maybe it’s in the mind of the court, it’s not reflected in the order,” he submitted, adding that the bail conditions already allowed for a recall if any witness tampering occurred.

He also emphasised that the trial had not yet commenced and there were no specific allegations of misconduct against the Dravida Munnetra Kazhagam (DMK) leader.

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“There can’t be an injunction by the court on his being a minister while he is being prosecuted,” Sibal contended, referencing precedents like the Manoj Narula case, which did not mandate resignation for those facing prosecution.

'Court hasn't stopped you but...'

Justice Surya Kant, however, pushed back, underscoring the significance of paragraphs 4-6 in the impugned order. “Court has not prevented you from becoming minister...but the day you become minister and we find you an influential witness, we will recall the bail order,” he remarked.

Senior advocate Kapil Sibal, representing Senthil Balaji, argued the observations did not reflect in the written order and should not be interpreted as a bar on his client holding public office. “Maybe it’s in the mind of the court, it’s not reflected in the order,” he said.

The judge clarified that the observations represented “a reflection of the mind of the court” and advised Senthil Balaji to seek explicit permission if he intended to assume ministerial duties.

“Till you attain complete acquittal...if you want to become minister, file an application seeking permission,” Justice Kant said.

'Abuse of process of law'

Solicitor-General Tushar Mehta, appearing for the Centre, termed the plea an “abuse of process of law” filed after Justice Oka's retirement, urging its dismissal with costs.

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“This is after the judge's retirement, not in good taste,” Mehta argued, highlighting a “calculated delay” in filing. He also referenced prior orders to reinforce the gravity of the allegations.

During the exchange, Sibal acknowledged the court’s concern over Senthil Balaji's swift return to the cabinet post bail but questioned the broader implications.

“So many ministers are being prosecuted, how many resign? Why should they resign?” he asked, probing why the government appeared “concerned whether he is minister or not”.

Justice Bagchi intervened to clarify that the order did not impose an outright injunction but noted the potential impact on the state if Senthil Balaji assumed office amid the ongoing allegations.

Also read: TN minister Senthil Balaji delaying trial in cash-for-job scam case: ED to SC

“We don't read the order as an injunction on you becoming a minister. If the state is impacted by your taking post, we have to...” Justice Bagchi observed, alluding to prior claims of witness influence.

After deliberations, including a suggestion to include Justice Manmohan Masih on the bench for a fuller hearing, the court permitted unconditional withdrawal of the application.

'Application is misconceived'

“No further clarification required, language is very clear. Your application is misconceived,” Justice Kant ruled, dismissing it, accordingly.

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In a related segment of the hearing on two other pending cases against Senthil Balaji, Justice Kant raised the prospect of transferring the trial to Delhi to insulate it from local pressures.

“Why not the trial be transferred to Delhi?” he asked, proposing virtual depositions for Tamil Nadu-based witnesses to expedite proceedings.

Senthil Balaji, a former transport minister, was arrested in June 2023 by the ED in connection with the cash-for-jobs scam, which allegedly involved bribes for government job placements during his tenure as a TN minister in 2013.

“This is only to keep you away from allegations which are bound to come... Please appreciate the atmosphere will remain charged in TN... Opposition will continue to allege,” the judge remarked.

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Senior advocate Amit Anand Tiwari, appearing for Senthil Balaji, opposed the transfer, arguing it could prolong the trial and signal a lack of faith in the state machinery.

“It won’t be possible to conclude trial... witnesses in TN,” Tiwari submitted.

Dr Abhishek Manu Singhvi, representing the Tamil Nadu government, cited prior commendations of the state's handling, while senior advocate Gopal Sankaranarayanan clarified that such praise did not extend to this specific case. The bench issued notice on the transfer plea, directing a reply — including on maintainability — within two weeks.

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Senthil Balaji was arrested in June 2023

Senthil Balaji, a former transport minister, was arrested in June 2023 by the Enforcement Directorate in connection with the cash-for-jobs scam, which allegedly involved bribes for government job placements during his tenure as a state minister in 2013.

He was granted regular bail by the Supreme Court in October 2024 but resigned from the cabinet following the observations in question. The case continues to draw political heat in Tamil Nadu, with the Opposition All-India Anna Dravida Munnetra Kazhagam accusing the ruling DMK of shielding allies.