Cracking the whip, the Supreme Court on Wednesday warned Tamil Nadu Minister V Senthil Balaji – accused of alleged money laundering in the ‘cash-for-jobs’ scam – that the bail granted to him in the case would be cancelled if he did not resign from the Ministership.
Asking Senthil Balaji to make a choice between his ministerial position and liberty, and giving him time till Monday (April 28) to decide, Justice Abhay S Oka heading a bench also comprising Justice Augustine George Masih said, “You have to make a choice between the post (Minister) and freedom. What choice do you want to make?”
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Referring to its September 26, 2024, judgment by which Senthil Balaji was granted bail, Justice Oka told senior advocate Mukul Rohatgi appearing for the Tamil Nadu Minister that “You were granted bail not on merits, but on the ground of the violation of Article 21 (of the constitution, guaranteeing the protection of life and personal liberty)”
Justice Oka said that resignation as a Minister in Tamil Nadu government was cited as a change of circumstance for seeking bail from the Madras High Court but soon after he was granted bail by the Supreme court he was inducted as Minister in Chief Minister M.K. Stalin’s government.
Justice Oka wondered what signals the Supreme Court would be sending if such a person is allowed to be on bail, despite the categorical findings in the 2024 judgment about his role in the ‘cash for job’ scam.
The top court by its September 26, 2024, judgment had granted bail to Senthil Balaji noting that with more than 2000 accused and over 600 prosecution witnesses’, the trial in the case is unlikely to conclude in next three to four years or even take more time and the incarceration of accused for an unreasonable period would infringe on fundamental right to speedy trial under Article 21 of the constitution of India.
Stating that the top court will not tolerate the conduct that Balaji was inducted as a minister a day after he was released on bail, the bench said that there are findings recorded in the September 26, 2025, judgement of role to him in the predicate offence – ‘cash for job’ scam as Minister.
Telling Balaji, “We are given a choice. Freedom or post?”, Justice Oka said, “We will record it in the order that we have made a mistake by ignoring the judgements against you, because the entire hearing proceeded on the footing that he is no longer minister. We will accept our mistake.”
Senthil Balaji was arrested on June 14, 2023 in an alleged cash for job case. He was transport minister between 2011-2016 in the AIADMK government headed by the late Chief Minister Jayalalithaa. It is alleged that as transport minister money was collected from the aspirants who were promised jobs in the transport department as drivers, conductors, junior tradesmen, junior engineers, assistant engineers etc.
The top court on December 2, 2024, had expressed concern over the Senthil Balaji being appointed as cabinet minister in the State government day after he was granted bail in a money laundering case relating to an alleged cash-for-jobs scam case being investigated/prosecuted by the Directorate of Enforcement an alleged cash-for-jobs scam case and its potential impact on the witnesses of his ministerial position.