SC issues warning to Senthil Balaji: Resign as minister or risk losing bail

The Supreme Court on Wednesday expressed its "shock" and disapproval of the swift reinstatement of Senthil Balaji as a minister in the Tamil Nadu government immediately after he was granted bail in a money-laundering case related to a recruitment scandal.

A division bench comprising Justices Abhay S Oka and Augustine George Masih told Balaji to either resign from the ministership or get his bail cancelled. Balaji was granted bail by the top court in September 2024.

Speaking for the bench, Justice Oka verbally observed that the bench had previously "ignored" a "finding" by the court on how Balaji was allegedly using his clout as a minister. The bench was referring to observations passed in a May 2023 judgement by the SC which recorded that as a minister, Balaji had forced people to withdraw complaints and highlighted the role played in the predicate offence (under the Prevention of Corruption Act). "If you are going to play with the process of law like this ... we will record that we committed a mistake. We will accept our mistake," Justice Oka orally remarked. The judge added that Balaji was not granted bail on merits but "on possible violation of Article 21 (right to liberty)". Justice Oka said: "What signals are we sending that you get bail not on merits...and you are going to hold the office of a minister? There are a number of witnesses, what signals are we sending?" He told the counsel appearing for Balaji that "this is not the way to deal with the courts. Please understand this (grant of bail) is the consequence of the court adopting violation of Article 21. We are shocked". The bench added: "We will not tolerate this conduct. We are giving you a choice. Freedom or post?"


It posted the case to next Monday (April 28) for resumed hearing.

Senior advocate Kapil Sibal, appearing on behalf of Balaji, suggested that the trial can be shifted out of the state if there was an apprehension of influence by Balaji. "That will not serve the purpose. There are 1,000 witnesses", Justice Oka replied.

Sibal argued that there was "no question of influencing witnesses". The trial will not start till 2026. And the tenure of the government ends in May 2026. The argument, however, cut little ice with the court.