The Supreme Court on Monday, while coming down heavily on the Tamil Nadu government and Senthil Balaji for taking oath as a State Minister soon after getting bail in a cash-for-jobs scam, refused to recall its previous order.
The Bench of Justice Abhay S Oka and Justice Augustine George Masih observed that anybody was bound to have the impression that with Balaji holding a senior Cabinet Minister rank, witnesses would be under pressure.
The Apex Court made the observations, while hearing a petition seeking cancellation of the bail granted to Balaji on the grounds of threat to the security of witnesses in the case.
Refusing to recall the order, the Bench said there was no reason to interfere with the judgement on merits, adding that the law laid down in the verdict benefitted several other persons.
The Bench, however, limited the scope of enquiry to whether the witnesses were under pressure, stating that this was the only aspect on which prima facie it was inclined to consider the application.
The Apex Court directed the counsel appearing for Balaji to get instructions and listed the matter for further hearing on December 13.
On September 26, the Apex Court granted bail to Balaji on the grounds of his long incarceration, noting that stringent & higher thresholds of bail and a delay in prosecution could not go together.
Balaji took oath on September 29 in the Cabinet led by Chief Minister MK Stalin, taking charge of the Electricity, Non-Conventional Energy Development, and Prohibition & Excise departments.
The Directorate of Enforcement (ED) had arrested Balaji in June 2023 under the Prevention of Money Laundering Act (PMLA), 2002 over his alleged involvement in the cash-for-job scam that took place during his tenure as Tamil Nadu Transport Minister between 2011 and 2016.
He was accused of orchestrating a scheme with his personal assistants and brother to collect money from job seekers in exchange for promises of employment in the Tamil Nadu Transport Department. Numerous complaints were filed by candidates who paid substantial amounts but did not secure the promised jobs.
Based on these allegations, the ED registered an Enforcement Case Information Report (ECIR) and proceeded with his arrest in June 2023.