Supreme Court rejects DMK leader’s plea seeking clarification of earlier order
The Supreme Court on Monday refused to entertain a plea of DMK leader V Senthil Balaji seeking clarification of court’s earlier order on whether he can be appointed as a minister again during the pendency of trial in alleged cash-for-job scam.
A bench of Justices Surya Kant and Joymalya Bagchi rejected the contention of Balaji, put forth by senior advocate Kapil Sibal representing him, that this court has never said anything about his ministership.
“We don’t read the order or cannot read the order as an injunction on you in becoming a minister. However, if the atmosphere of the state is impacted by your becoming a minister or holding a post of power, then we have to ensure that the scheme of justice prevails,” the bench said.
Sibal said there was not a word in the April 28 order about Balaji becoming a minister and there can’t be any injunction by the court on his becoming a minister while he is being prosecuted.
Justice Kant questioned Sibal as to why the application for clarification was filed after top court judge Justice Abhay S Oka, who asked him to resign as minister in Tamil Nadu government, has retired.
Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, also questioned the timing of the application and said that it was not in good taste.
Justice Kant told Sibal, “This court has not prevented you from taking over the post of the minister and it can’t prevent you. But after it was found that on becoming minister just days after being granted bail, you were exercising some influence in the trial of cases, the court said it is better you go to jail”.
Sibal pointed out that maybe this was in the court’s mind but it was not reflected from the order and hence this application was filed.