Former Tamil Nadu minister Senthil Balaji gets bail
The Supreme Court on Thursday granted bail to former Tamil Nadu minister V Senthil Balaji in connection with a money laundering case, saying that stringent conditions on bail and delay in prosecution cannot go together.
A bench comprising Justices AS Oka and AG Masih put onerous conditions, while granting relief to Balaji, who was arrested by the Enforcement Directorate (ED) in June last year in a money laundering case linked to an alleged cash-for-jobs scam.
“What we have said is that a stringent and higher threshold of bail and delay in prosecution cannot go together….”, said Justice Oka, pronouncing the judgment on behalf of the bench. The detailed judgment will be uploaded later in the day.
In August, the Supreme Court had reserved the verdict on the bail plea filed by former Tamil Nadu minister and MLA, Senthil Balaji accused in a money laundering case in connection with the alleged cash-for-jobs case. Solicitor General Tushar Mehta and advocate Zoheb Hossain represented the Enforcement Directorate (ED) and senior advocate Mukul Rohatgi represented Balaji.
During the hearing, Mehta had argued that the central agency had shown that cash was deposited in his account, and he was winning over witnesses and victims. Opposing bail for Balaji, Mehta stressed that incarceration for one year and potential danger of delay in trial may not be good grounds to release him.
Rohatgi had contended, “Please give me bail first and this can be decided later. I am no longer a minister, recently underwent heart surgery”. The apex court had observed that Balaji has been in custody for one year and queried the ED, how can progress be made in the PMLA case trial when the trial of predicate offence has not started. The ED’s counsel said both these can continue side by side and pointed out that the accused took 13 adjournments and the charges were framed.
Citing bail granted to Manish Sisodia, Rohatgi had argued that the trial is delayed and bail is the primary issue here.
The apex court judgment came on an appeal filed by Balaji challenging Madras High Court order, which dismissed his bail plea in October last year. The high court had said that he was likely to influence witnesses if enlarged on bail and also from the health report of Balaji it did not appear to be a medical condition which could be taken care of only if he was released on bail.