‘Post or freedom? You decide’: SC gives ultimatum to Tamil Nadu minister Senthil Balaji

The bench, also comprising Justice A G Masih, was hearing a plea by the Enforcement Directorate (ED) seeking cancellation of the bail granted to Balaji in connection with a ‘cash for jobs’ scam. Balaji is the current Tamil Nadu electricity, prohibition and excise minister.

The Supreme Court had granted bail to Balaji on September 26, 2024, noting that the trial was unlikely to begin soon and that he had already spent over a year in custody. Just three days later, on September 29, 2024, he was reinstated as a cabinet minister in the DMK government headed by Chief Minister M K Stalin.

The ED had subsequently approached the Supreme Court seeking cancellation of his bail on the ground of influencing witnesses.

Sibal said there was no chance of him influencing witnesses as the trial in the predicate office is likely to start only in January 2026, and the term of the current government will expire in May 2025. But the bench did not agree.

Justice Oka said, “When he was minister, categorical findings have been recorded about the manner in which he brought about settlement. We did not grant him licence to assume your power where you will be able to influence the witnesses.”

The bench noted that it had adjourned the hearing thrice in the hope that Balaji would take a decision. “We are giving you choice in the beginning between the post and freedom. On three occasions, we have granted you (an) opportunity to make a statement. Your past conduct shows that you have interfered in the proceedings in the predicate offence,” said Justice Oka.

Sibal suggested that the trial may be moved out of the court, but Justice Oka said, “That will not serve the purpose. There are 1,000 witnesses.”

Justice Oka sought to remind that Balaji was not granted bail on merits but on possible violation of Article 21 rights. “What signals we are sending that you get bail not on merits but on this and there is an earlier finding about role played by you in predicate offence and you are going to hold office of minister? There are a number of accused persons, number of witnesses, what signals are we sending?” the judge asked.

Rohatgi said that he had never said in the court that he was not a minister.

The argument did not go down well with the bench, with Justice Oka saying, “If you are making such submissions, you are telling us we should not have granted bail. Special Leave Petition emanates from impugned order. There, you have said that there is change in circumstances and you are no longer the minister. We will not tolerate this conduct.”

Justice Oka pointed out that “there are findings recorded in reported judgment of this court attributing role to him in predicate offence as minister,” and asked, “Can we ignore that?”

To Sibal’s argument that there is no witness in the box, Justice Oka said, “You are preventing them from coming. You have already influenced.”

Sibal said that the summoning order will be completed only in January 2026, and witnesses will only start thereafter, by which time the term of the government will also be over.

“This is all politics, we do not know. Next government, he may continue, we do not know,” Justice Oka said.

As the bench showed no signs of relenting, Sibal agreed to take a final decision by April 28 on whether he preferred to remain on bail or remain a minister. The Supreme Court will hear the matter next on April 28.