https://www.barandbench.com/news/litigation/supreme-court-seeks-details-cases-witnesses-against-v-senthil-balaji

The Supreme Court on Friday issued notice to the State of Tamil Nadu in response to a plea seeking recall of bail granted to Minister V Senthil Balaji in the money laundering case against him [K Vidya Kumar v. The Deputy Director and Another]

A Bench of Justices Abhay S Oka and Augustine George Masih also sought details from the State about pending criminal cases against Balaji, the number of witnesses who are required to be examined for trial in the money laundering case against him, and specifics about the victims and public servants who are witnesses in the case.

"We direct state to place on record details about criminal cases pending against Balaji. State will also place on record number of witnesses which are required to be examined and they will also state how many victims of the offences are witnesses and how many public servants are witnesses," the Court ordered.

The matter will be heard next on January 15.

In its affidavit supporting recall of bail granted to Balaji, the ED argued that despite Court's earlier direction to expedite the trial, Balaji has made deliberate attempts to delay proceedings by seeking adjournments on non-existent or frivolous grounds or creating hurdles in the early disposal of the cases.

It highlighted that that even during his eight-month incarceration as an undertrial prisoner, Balaji served as a minister without portfolio and resigned only a day before his bail application was listed for final hearing in the High Court.

Balaji was arrested by the Enforcement Directorate (ED) in a money laundering case on June 14, 2023.

The case against him stemmed from alleged irregularities in the appointment of bus conductors in the Tamil Nadu transport department, as well as the appointment of drivers and junior engineers.

The charges are from the time of his tenure as transport minister for the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.

After the trial court and the Madras High Court rejected his bail petitions, he eventually approached the Supreme Court for bail. On September 26 this year, the top court allowed his release on bail subject to various conditions including a direction that he should not contact or communicate with witnesses.

The Court also ordered him to surrender his passport and cooperate with the trial without seeking adjournments.

The ED then moved the present plea before the apex court for cancellation of bail.

On December 2, the Court had questioned how Balaji was swiftly re-inducted to the Tamil Nadu's cabinet as a State Minister immediately after he was granted bail.

The Court had flagged concern that this development may put pressure on witnesses who are slated to give testimony in the money laundering case pending against Balaji.

When the matter was taken up for hearing today, Solicitor General Tushar Mehta, appearing for ED, pointed out that even while in jail, Balaji held significant power and now after he has been re-instated as Minister, he has only gotten stronger.

To this, Senior Advocate Kapil Sibal, appearing for Balaji, submitted that there are many people who hold power in the State without even a portfolio.

Senior Advocate Gopal Sankaranarayanan, appearing for the recall applicant, argued that most of the witnesses against Balaji are public servants and had served under him when he was the transport minister.

The Court seemed to prima facie agree with this argument.

"We had the occasion to see the details of the trial pending. Common people from whom money is taken are witnesses. Civil servants too. We will issue notice to the state and find out how many witnesses are there and who are those witnesses," Justice Oka orally said.