Most populated trial in India: Supreme Court on Tamil Nadu cash-for-jobs scam

The Supreme Court on Wednesday pulled up the Tamil Nadu government for implicating more than 2,000 persons in connection with the cash-for-jobs scam allegedly involving former DMK minister V Senthil Balaji.

The bench of Justices Surya Kant and Joymalya Bagchi observed that the scale of the trial was unprecedented, stating, “With over 2,000 accused and 500 witnesses, it will be the most populated trial in India.”

The Court remarked that “a small courtroom will not suffice and a cricket stadium will be needed even to mark the presence of all accused.” It also questioned the intent of the state, saying the attempt appeared to be to give the cases against Balaji a “decent burial,” but judicial intervention had prevented that.

Raising concerns about the state’s approach, the Court told the Tamil Nadu government that when powerful ministers and affluent accused are involved, “there is apprehension the public prosecutor will not be able to do justice.” In strong remarks, the bench stated, “We still feel that this is a case where the persons who may have technically committed a crime are actually, on analysis, more a victim than the accused.”

Highlighting the plight of those who paid bribes to secure jobs, the bench asked the state to respond to whether such persons can be treated as witnesses and not as accused. “Prosecuting them will cause inordinate delay,” the Court said. “We want the state to answer whether these persons can be named as witnesses and not accused persons.”

Senior Advocate Gopal Sankaranarayanan, appearing for one of the petitioners, told the Court that in many cases, “mothers and grandmothers pawned their jewellery to pay the bribes to get a job.” The Court made it clear that the trial judge cannot drop any accused unless the matter is heard.

The Court also dealt with administrative matters related to the case. Senior Advocate AM Singhvi pointed out that the state’s side had not appeared during the previous day’s hearing, despite the matter being scheduled. Justice Suryakant directed that expunging applications would be listed on August 11.