Supreme Court Declines Senthil Balaji’s Plea For Clarification On Holding Public Office, Suggests Transferring Case Outside Tamil Nadu

The Supreme Court on Monday (6 October) declined to entertain former Tamil Nadu Minister V Senthil Balaji’s plea seeking the removal of remarks that led to his resignation as a minister, as per Live Law.

Balaji had resigned in April following criticism from a apex court bench, which had questioned his decision to assume ministerial office immediately after securing bail in a money laundering case linked to the alleged cash-for-jobs scam.

At that time, Justice AS Oka had orally warned Balaji, “Choose between ‘post’ and ‘freedom’,” after which he stepped down. The court subsequently disposed of applications seeking recall of bail.

During Monday’s hearing, a bench comprising Justices Surya Kant and Joymalya Bagchi queried why the petition was filed only after Justice Oka’s retirement.

Solicitor General Tushar Mehta, representing the Enforcement Directorate, described the delay as “not in good taste” and “calculated”. Senior Advocate Kapil Sibal, appearing for Balaji, argued that the court’s oral remarks were not reflected in the formal order.

The bench clarified that the order was never an injunction preventing Balaji from holding office but rather a cautionary measure.

Justice Kant stated, “Court has not prevented you from becoming minister...but the day you become minister and we find you influence witness, we will recall the bail order...we can’t modify the order in piecemeal.”

Justice Bagchi added, “We don’t read the order as an injunction on you becoming a minister.”

In a related development, the Supreme Court suggested transferring the cash-for-jobs cases outside Tamil Nadu to ensure impartiality.

While senior advocates for the state opposed, the court took note of a list of lawyers proposed as special public prosecutors and asked the TN government to submit additional names.

The cases, implicating over 2,000 individuals, had been clubbed by the Madras High Court, and the top court noted the scale of proceedings may require a larger venue.

Please click here to add Swarajya as your preferred and trusted news source on Google

Also Read: Kerala High Court Orders SIT Probe Into Missing Gold From Sabarimala Temple Dwarapalaka Idols