New Delhi: The Enforcement Directorate (ED) has told the Supreme Court that Tamil Nadu minister V. Senthil Balaji has deliberately attempted to delay trial court proceedings in the money laundering case related to the cash-for-job scam, in which the top court had granted him bail. In an affidavit filed on a petition by one of the victims, the ED sought cancellation of bail of Balaji, who was sworn in as a minister by Tamil Nadu Governor R N Ravi again on September 29 and was assigned the same key portfolios -- electricity, non-conventional energy development, prohibition and excise -- he held previously in the MK Stalin-led cabinet.
On Friday, Solicitor General Tushar Mehta told a bench headed by Justice Oka that the agency needs to file an affidavit in the matter as Balaji has been sabotaging the trial.
The bench also comprising Justice Pankaj Mithal allowed the ED to file the affidavit and listed the matter for further hearing on December 18.
The top court had granted bail to DMK strongman Balaji on September 26, in the money laundering case after over 15 months, noting there was no possibility of the completion of trial in the near future.
The ED said since release of Balaji from jail, the ongoing examination of prosecution witnesses in the case has been derailed on account of the accused (Balaji) moving applications seeking copies of digital records and seeking change of counsel in the midst of trial.
"That the aforementioned facts unequivocally demonstrate V Senthil Balaji's blatant disregard for the judicial process and his deliberate attempts to delay the trial. Despite this court's directive to expedite the trial, V Senthil Balaji has drawn out the cross examination of PW- 4 (prosecution witness) on one pretext or another for nearly two months," it said.
The anti-money laundering agency said this blatant disregard for the Supreme Court's instructions is a clear attempt to procrastinate and delay the trial proceedings.
"In the light of the foregoing, it is amply clear that V Senthil Balaji has violated the direction given by this court by seeking adjournments on nonexistent or frivolous grounds or creating hurdles in the early disposal of the cases mentioned above," it said.
The investigating agency said some of the key witnesses cited in the prosecution complaint (ED's equivalent of charge sheet) filed by ED are individuals who previously worked under Balaji's supervision during his tenure as transport minister.
"This proximity between V Senthil Balaji and the employees of the transport corporation raises serious concerns about potential influence and impartiality in fair and effective trial now that V Senthil Balaji has reassumed office as a minister," it said.
On December 2, the top court had expressed concern over reinstatement of Balaji as cabinet minister in Tamil Nadu just days after it granted bail in the case and agreed to examine a plea raising apprehensions on independence of witnesses in the case.
On October 25, the top court in another matter related to Balaji was informed that a petition seeking review of an order of bail to the DMK leader in the case had been filed.
The top court on September 30, directed the Madras High Court chief justice to appoint another judge for the trial against Balaji.
The ED arrested Balaji, representing Karur assembly constituency, on June 14, 2023 in the case when he was the transport minister during the previous AIADMK regime between 2011 and 2015.
On February 13, the TN governor accepted Balaji's resignation from the council of ministers. The top court's reprieve on September 26 ended Balaji's 471-day incarceration.
The ED had filed a case of money laundering in July 2021 to probe the allegations after three FIRs were registered by the Tamil Nadu police in 2018 and on the basis of complaints by those aggrieved in the alleged scam.
The agency's charge sheet claimed the entire recruitment process in the Tamil Nadu transport department during the tenure of Balaji as minister was turned into a "corrupt chiefdom", and the scam was executed under his authority.
Being a public servant, Balaji "misused" his official capacity as the then transport minister and obtained pecuniary benefits by corrupt and illegal means and directly acquired the proceeds of crime, generated out of a criminal activity related to a scheduled offence, the agency alleged.�