SC disapproves DMK leader reinstated in Cabinet
New Delhi: The Supreme Court on Monday disapproved the reinstatement of DMK leader V. Senthil Balaji as a minister in the Tamil Nadu government days after being enlarged on bail in the money laundering case related to the cash-for-job scam. The Court agreed to examine a plea raising apprehensions on independence of witnesses in the case to depose against him.
However, a bench of Justices Abhay S. Oka and Augustine George Masih refused to interfere with the September 26 order of the apex court granting bail to Balaji on a plea filed by one of the complainants seeking its cancellation.
“We granted you bail and days after 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 going on?” the bench asked Balaji’s counsel Mukul Rohatgi.
The top court’s comments came during the hearing of a plea seeking a recall of its September 26 order granting bail to Balaji on the ground that there was no likelihood of the trial in the case commencing anytime soon.
Justice Oka said the court would not issue any notice in the matter but limit the scope of enquiry to whether the witnesses would be “under pressure” to depose in the case.
In its order, the bench said, “The apprehension is that considering the seriousness of allegations against the second respondent (Balaji) 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 judgment on merits and adjudication of the application remains confined to the aforesaid”.
The bench asked Balaji’s counsel to get instructions and posted the matter on December 13.