https://www.barandbench.com/news/resign-minister-or-go-to-jail-supreme-court-to-v-senthil-balaji

The Supreme Court on Wednesday gave Tamil Nadu Minister V Senthil Balaji the option to either continue holding ministerial office or retain the bail granted to him in a money laundering case linked to a cash-for-jobs scam from his tenure as Transport Minister.

A Bench of Justices Abhay S Oka and Augustine George Masih orally remarked that the Court had granted bail in September 2024 on the understanding that Balaji was no longer a minister.

This was a key factor that had weighed in the Court’s Article 21 analysis of prolonged incarceration. However, he resumed his ministerial duties shortly after, raising concerns about potential influence over witnesses

“We had granted bail on totally different grounds. If people are going to play with the process of law like this… we will record in our order that we made a mistake in ignoring the judgment findings against you,” Justice Oka said during the hearing.

While the Court today stopped short of cancelling bail, it directed Balaji to indicate on the next hearing date whether he would relinquish his ministerial post or continue holding it at the potential cost of his liberty.

“We’ will give you a choice: post or freedom,” the Bench told Balaji’s counsel while listing the matter for hearing next on April 28.

The remarks came during proceedings on a plea seeking recall of the bail order of September 26, 2024. The plea was filed by K Vidhya Kumar, who argued that Balaji’s reinstatement as a Cabinet Minister in the Tamil Nadu government, after securing bail in the Prevention of Money Laundering Act (PMLA) case, could impair the fairness of the trial.

The Enforcement Directorate (ED), which had initially arrested Balaji on June 14, 2023, supported the plea and argued that Balaji had continued to wield political power even during his incarceration. The agency also highlighted that several witnesses in the case are public servants who previously reported to him.

Senior Advocates Kapil Sibal and Mukul Rohatgi, appearing for Balaji, maintained that there had been no violation of bail conditions and denied any possibility of influencing witnesses. Sibal submitted that the summoning order will be completed only in January 2026, and noted that the government’s term would end before the trial examination begins.

However, the Bench appeared unconvinced.

“There is already a finding recorded by this Court that he used his influence and clout as a Minister in the predicate offence… This is not the way to deal with the Court,” Justice Oka said, adding that Balaji’s reinstatement cast a shadow over the Court’s own precedent on bail under PMLA.

The Court asked Balaji to inform the Bench about his decision on the next date - whether he would like to continue as minister or go back to jail.

The matter will be taken up next on April 28 at 2 PM.