Today, the Supreme Court expressed astonishment over Senthil Balaji's appointment as a Minister in Tamil Nadu, immediately following his release on bail in the money laundering case connected to the cash-for-jobs scam.

A bench consisting of Justice Abhay S. Oka and Justice Augustine George Masih was hearing a petition seeking to recall the judgment that granted bail to Senthil Balaji. The petition argued that witnesses could be under pressure due to Balaji's appointment as a Minister following his release.

While hearing the application, Justice Oka observed: "We grant bail and the next day you go and become Minister! Anybody will be bound to be under the impression that now with your position as a senior Cabinet Minister witnesses will be under pressure. What is this going on?"

However, the bench stated that it would not recall the judgment, as the legal principles established in it were benefiting several others. The bench limited the scope of the enquiry to whether the witnesses were under pressure and instructed Balaji's counsel to seek instructions. The matter was then adjourned to December 13.

"We reiterate the law laid down in the said decision. However, the current application is based on the apprehension that immediately after we enlarged the respondent no. 2(Balaji) on bail by order dated 26 September, 2024 the second respondent has been appointed as a Cabinet Minister...the apprehension is that considering the seriousness of allegations against the second respondent in the predicate offences, the witnesses may not be in the frame of mind to depose against the second respondent who is holding the position of cabinet minister..This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgement on merits and adjudication of the application remains confined to the aforesaid.Today we are not issuing notice. Learned Senior Counsel appearing for the second respondent seeks time to take instructions. List on 13th December," the bench observed.

In its September 26 judgment, the Supreme Court granted bail to Senthil Balaji, despite finding a prima facie case against him. The Court cited his prolonged incarceration since June 2023 and the improbability of the trial starting soon as grounds for bail. Additionally, the Court emphasized that the need for a speedy trial should be considered a condition under special statutes that impose stringent bail conditions.

On September 29, Balaji took oath as the Minister in the Cabinet led by Chief Minister MK Stalin, with charge over the portfolios of electricity, non-conventional energy development, prohibition & excise.

Case : K. VIDHYA KUMAR Versus THE DEPUTY DIRECTOR AND ANR. MA 2454/2024 in Crl.A. No. 4011/2024