SC reserves verdict on Senthil Balaji’s plea for bail, debates if Sisodia judgment will apply

ED opposes bail for V. Senthil Balaji in money laundering case linked to cash-for-jobs scam, citing influence and corruption allegations.

The Directorate of Enforcement (ED) on Monday (August 12, 2024) said factors such as delayed and prolonged jail time, which favoured former Delhi Deputy Chief Minister Manish Sisodia’s case for bail in the excise policy case, are not applicable to former Tamil Nadu Minister V. Senthil Balaji, who is seeking bail in a money laundering case linked to the cash-for-jobs scam.

A Bench headed by Justice A.S. Oka reserved Mr. Balaji’s bail petition for judgment.

Both Mr. Balaji and Mr. Sisodia are facing money laundering charges in the separate cases.

On Monday, the Bench drew the ED’s attention to the August 9 Supreme Court judgment allowing bail to Mr. Sisodia in the money laundering case. Mr. Sisodia had spent 17 months in jail. The apex court had said there was not even a remote chance of the trial getting underway against Mr. Sisodia, and bail could not be withheld as a punishment. The court had upheld speedy trial as a fundamental right.

But Solicitor General Tushar Mehta appearing for the ED, countered that Mr. Balaji was “hand-in-glove” with the State.  The former Minister’s brother was still absconding. Witnesses in the case were turning hostile at the fall of a hat, Mr. Mehta said, and Mr. Balaji’s influence was overwhelming.

“His mere incarceration for a year and the potential of a delay in trial was not enough to grant him bail,” Mr. Mehta argued.

Senior advocate Guru Krishnakumar, intervening on behalf of one of the victims of the scam, said Mr. Balaji was the “alter ego of the State”. The delay in trial was due to lack of sanction by the State to try Mr. Balaji for corruption in public office.