SC Slams DMK’s Senthil Balaji, Threatens to Recall Bail Over Ministerial Reinstatement

New Delhi, 24 April 2025 : The Supreme Court on Wednesday sternly warned Tamil Nadu Minister V Senthil Balaji, who was reinstated by Chief Minister M K Stalin just two days after getting bail in a case of cash-for-jobs scam. The court, visibly angered by what it called a “mockery of the judicial process,” left Balaji with two clear choices — resign from his ministerial berth or go back to prison.

A bench of Justices Abhay S Oka and A G Masih voiced stern displeasure at Balaji’s rapid return to power, observing that the bail was issued on the assumption that he had resigned from office and hence would not be in a position to intimidate witnesses. The judges added that any continuance in office vitiated the ground on which the relief was extended.

“You are ridiculing the process,” the court stated outright. “We were informed he is no longer a minister. Now he’s back in control — this is dishonesty, and we cannot condone such behavior.”

The top court clarified that the bail of Balaji was not extended on merit of the case but on the humanitarian grounds of Article 21 in view of the undue delay in trial. The court cautioned that any abuse of such generous bail jurisprudence, especially in Prevention of Money Laundering Act (PMLA) cases, might compel it to be stringent in the future.

Representing Balaji, senior advocates Kapil Sibal and Mukul Rohatgi argued that there was no immediate threat of witness tampering as the trial was unlikely to start before December. Sibal even proposed shifting the trial to another state. However, the bench remained unmoved and gave Balaji time until Monday to choose between resignation or revocation of bail.

Solicitor General Tushar Mehta, appearing for the ED, had also supported the petitioner’s request to cancel the bail, citing the possibility of Balaji intimidating witnesses while holding office now.

Legal professionals are of the opinion that this case has the potential to establish an important precedent, with the SC indicating that public servants who have been charged with serious criminal offenses may have to resign from office as a condition of bail in order to guarantee fair and uninfluenced trials.

The issue will be addressed again on Monday, when Balaji has to bring the ruling before the court.