New Delhi, Sep 26 (PTI) In a relief to former Tamil Nadu minister and DMK strongman Senthil Balaji, the Supreme Court on Thursday granted him bail in a money laundering case after over 15 months, noting there is no possibility of the completion of trial in the near future.
The top court said Balaji, who was arrested by the Enforcement Directorate, has been in jail since last year and his continued detention will amount to an infringement of his fundamental right under Article 21 of the Constitution.
Noting that there are more than 2,000 accused and over 600 witnesses in the case, a bench of Justices Abhay S Oka and Augustine George Masih said inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together.
“Therefore, even in ideal conditions, the possibility of the trial of scheduled offences concluding even within a reasonable time of three to four years appears to be completely ruled out,” it said.
However, the top court imposed tough bail conditions on Balaji while granting him bail.
Welcoming the bail order, Tamil Nadu Chief Minister M K Stalin said attempts were made to break the DMK leader’s resolve by keeping him behind bars but that he has emerged stronger than ever before.
“The prison life did not extend for so many days even during the Emergency. The political conspiracies continued for 15 months (against Balaji). (they) tried to break Senthil Balaji’s resolve by keeping him inside the prison,” Stalin said in a post on ‘X.’ In Balaji’s native village Karur in Tamil Nadu, supporters of the DMK strongman celebrated the bail order.
While pronouncing the order, the top court said stringent provisions regarding the grant of bail in Prevention of Money Laundering Act (PMLA) cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time.
“The appellant has been incarcerated for 15 months or more for the offence punishable under the PMLA. In the facts of the case, the trial of the scheduled offences and, consequently, the PMLA offence is not likely to be completed in three to four years or even more. If appellant’s detention is continued, it will amount to an infringement of his fundamental right under Article 21 of the Constitution of speedy trial,” the bench said.
The apex court, however, took into note the submissions of Solicitor General Tushar Mehta, appearing for the ED, that Balaji may influence the witnesses in the case and imposed stringent conditions on him.
It directed Balaji to furnish bail bonds in the sum of Rs 25 lakh with two sureties in the like amount.
The bench directed that Balaji shall not directly or indirectly attempt to contact or communicate with the prosecution witnesses and victims of the three scheduled offences in any manner.
“If it is found that the appellant directly or indirectly made even an attempt to contact any prosecution witness or victim in the scheduled as well as offences under the PMLA, it will be a ground to cancel the bail granted to the appellant.
“The appellant shall mark his attendance every Monday and Friday between 11 am and 12 noon in the office of the Deputy Director, the Directorate of Enforcement at Chennai.He shall also appear on the first Saturday of every calendar month before the investigating officers of the three scheduled offences,” the bench said.
The top court directed Balaji to surrender his passport to the special court under the PMLA at Chennai before he is enlarged on bail.
“The appellant shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the Special Court and shall cooperate with the courts for early disposal of cases.
“If the appellant seeks adjournments on non-existing or frivolous grounds or creates hurdles in the early disposal of the cases mentioned above, the bail granted to him shall be liable to be cancelled,” the bench added.
At the outset, the apex court noted that there is also prima facie material to show a deposit of cash amount of Rs.1.34 crore in Balaji’s bank account.
“At this stage, the contention of the appellant regarding the deposit of remuneration received as MLA and agriculture income cannot be accepted in the absence of any prima facie evidence to show the existence of the appellant’s cash income as MLA and the appellant’s agriculture income.
“Therefore, at this stage, it will be very difficult to hold that there is no prima facie case against the appellant in the complaint under Section 44 (1)(b) of the PMLA and material relied upon therein,” the bench said.
The high court, while dismissing Balaji’s bail petition, had said if he is let out on bail in a case of this nature, it will send out a wrong signal and be against larger public interest.
It had said since the petitioner was in custody for more than eight months, it will be appropriate to direct the special court to dispose of the case within a time frame.
Balaji was arrested on June 14 last year by the ED in connection with a money laundering case linked to an alleged cash-for-jobs scam when he was the transport minister in an earlier AIADMK government.
The ED had on August 12 last year filed a 3,000-page charge sheet against Balaji.
On October 19, the high court had dismissed Balaji’s earlier bail plea. A local court has also dismissed his bail petitions thrice. PTI PKS PKS DV DV
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