Bail conditions don’t bar me from being a Minister: Senthilbalaji

Tamil Nadu Minister for Electricity, Prohibition and Excise V. Senthilbalaji on Tuesday told the Supreme Court that he had a right to participate in public life as long as the laws do not disqualify him.

The Minister was responding to repeated queries from the top court as to whether he ought to continue in the government while facing trial as an accused in a money-laundering case linked to an alleged cash-for-jobs scam.

The Directorate of Enforcement (ED) had submitted that Mr. Senthilbalaji could use his office to potentially influence witnesses in the case — an apprehension shared by K. Vidhyakumar, a complainant. Mr. Senthilbalaji was appointed Minister soon after he was released on bail by the Supreme Court on September 26 last year. Both Mr. Vidhyakumar and the ED have sought a recall of the bail.

In his affidavit, Mr. Senthilbalaji, represented by senior advocate A.M. Singhvi and advocate Ram Shankar, argued that his appointment as a Minister neither breached any bail conditions nor was it contrary to any law.

“There is not even a whisper of violation of any bail condition meriting interference by the Supreme Court. It may also be noted that the precondition for cancellation of bail, as is settled law, is that any condition of bail must be expressly violated by the accused,” Mr. Senthilbalaji said in his affidavit.

The Minister said the ED’s fears were not based on any cogent material. Mr. Vidhyakumar was not even a witness in the trial, he said, and questioned the locus standi of the complainant.

“Furthermore, it would appear that he has filed this application at the instance of the political Opposition, which is evident from the fact that he has been making continuous applications for impleadment since 2021, and has participated in various rounds of litigation,” the affidavit said.

The Minister argued that if his alleged influence had been so ‘strong’, the prosecution would not have been launched and continued. He had secured bail after suffering over 15 months of incarceration, the Minister said.

He said the trial was at a nascent stage. There were more than 2,200 accused persons and over 500 witnesses, he said, adding this was an attempt to incarcerate him for a long time.

Mr. Senthilbalaji is accused of playing a “central and pivotal role” in kickbacks for jobs in the Metropolitan Transport Corporation and the Tamil Nadu State Transport Corporation during his tenure as Transport Minister.

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