SC Raises Worries About Witness Independence in Money Laundering Case After DMK’s V Senthil Balaji Becomes Minister.
The Supreme Court expressed concern over the appointment of DMK leader V Senthil Balaji as a minister in the Tamil Nadu government, just days after he was granted bail in a money laundering case linked to a cash-for-job scam. The court agreed to look into a plea that raised worries about the independence of witnesses in the case. A bench led by Justice Abhay S Oka and Justice Augustine George Masih decided not to change the September 26 order that granted bail to Balaji, despite a request from one of the complainants to cancel it. The bench questioned Senior Advocate Mukul Rohatgi, representing Balaji, saying, “You received bail and then became a minister. It seems likely that witnesses might feel pressured now that you hold such a senior position.”
The bench clarified that it would not overturn the September 26 order, as it benefits others as well. Justice Oka noted that the court would not issue any notices but would focus on whether witnesses might feel “under pressure” to testify. He added, “Given the serious allegations against Balaji, witnesses may not feel comfortable testifying against someone in a cabinet position. This is the only point we are willing to consider, while making it clear that we will not interfere with the judgment on its merits.”
The court instructed Balaji’s lawyer, Ram Sankar, to seek guidance and scheduled the case for December 13. The bench observed that the current request, made by complainant K Vidhya Kumar, stemmed from concerns that Balaji would be appointed as a cabinet minister right after receiving bail. On October 25, the Supreme Court was informed about a petition filed to review the bail order for Balaji. The Supreme Court had granted bail to Balaji, a prominent DMK leader, on September 26 in a money laundering case after he had spent over 15 months in custody, citing that the trial would not conclude soon. On September 30, the Supreme Court ordered the chief justice of the Madras High Court to assign a different judge for Balaji’s trial.
Balaji, 48, took his oath as a minister from Tamil Nadu Governor R N Ravi on September 29, retaining his previous key roles in the cabinet of Chief Minister M K Stalin, which include electricity, non-conventional energy development, and prohibition and excise. The Enforcement Directorate arrested Balaji, who represents the Karur assembly constituency, on June 14, 2023, while he was serving as the transport minister during the earlier AIADMK government from 2011 to 2015. On February 13, the Tamil Nadu Governor accepted Balaji’s resignation from the council of ministers. The Supreme Court’s decision on September 26 ended his 471 days in jail.
The Enforcement Directorate opened a money laundering case in July 2021 to investigate claims following three FIRs filed by Tamil Nadu police in 2018 and complaints from those affected by the alleged scam. The agency’s chargesheet stated that the entire hiring process in the Tamil Nadu transport department during Balaji’s time as minister became a “corrupt chiefdom,” with the scam carried out under his direction. As a public servant, Balaji allegedly “misused” his position as transport minister to gain financial benefits through corrupt and illegal actions, directly obtaining money from criminal activities linked to a scheduled offence.
