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Why Madras High Court Reserves Bail Plea of DMK Minister Senthil Balaji?

Senthil

The money laundering litigation implicating Senthil Balaji dates back to 2011 and 2015, during which he served as the Minister of Transport in the AIADMK regime led by Jayalalithaa.

During his stint as the transport minister, Balaji was accused of engaging in corrupt practices by reportedly accepting bribes in exchange for influencing the recruitment process of drivers, conductors, and engineers within the transport department. There were allegations against Balaji regarding his involvement in fraudulent activities, wherein he purportedly accepted monetary payments from individuals without providing them with the promised work.

Why did Senthil Balaji get arrested?

Following the complaint, a legal proceeding was initiated in 2015 within the purview of the Cheating, Conspiracy, and Prevention of Corruption Act. It is worth noting that the First Information Report (FIR) did not include the name of Minister Senthil Balaji. 

Subsequently, a case was initiated in the High Court to include Minister Senthil Balaji as a defendant in the money laundering investigation. In compliance with the directive issued by the High Court, the Central Crime Branch police have submitted a chargesheet, which identifies Senthil Balaji as the primary accused. Additionally, the charge sheet includes the names of 40 additional individuals, including Ashokumar, Senthil Balaji’s brother, Karthik, his brother-in-law, and other officials affiliated with the Transport Corporation.

Senthil Balaji petitioned the Madras High Court to dismiss the charges against him. This legal action was taken while the case was considered in a specialised court that handles proceedings involving legislators and parliamentarians. The High Court issued an order to suspend the ongoing criminal proceedings involving Senthil Balaji, following the court’s notification of a mutually agreed settlement between the defendant and the petitioners.

In May, the Supreme Court granted permission for a police and Enforcement Directorate (ED) investigation into an alleged cash-for-employment scandal involving the individual. In compliance with the directives of the highest judicial authority, the Enforcement Directorate initiated searches in many cities within the state on Tuesday. These searches were conducted at various locations associated with the prominent figure of the DMK party as part of an investigation into a corruption scandal involving the exchange of employment opportunities for monetary gain. 

Art of Shifting Political Parties 

Balaji became a Dravida Munnetra Kazhagam (DMK) political party member in 2018. Particularly, Senthil Balaji, an influential figure within the newly established AMMK party led by R K Nagar MLA TTV Dhinakaran, was among the 18 Members of the Legislative Assembly (MLAs) who faced disqualification by the speaker of the Tamil Nadu assembly.

Balaji is the second senior member to have resigned from the political party. Nanjil Sampath, a dedicated adherent of the party’s deputy general secretary, TTV Dhinakaran, departed approximately two months after the establishment of AMMK. 

In 1996, Balaji achieved his inaugural electoral triumph as a union councillor representing the Manmangalam panchayat inside the Karur union. He got tremendous support from his own Kongu caste fringe organisations. In the year 2000, he became a member of the All-India Anna Dravida Munnetra Kazhagam (AIADMK) political party. Subsequently, he was nominated as a candidate for the position of Karur union councillor and was victorious in the next election, securing a second term in 2001.

Following this, he was allocated the assembly ticket for the Karur assembly segment in the general election of 2006. He was once again nominated as a candidate for the Karur assembly sector in 2011, subsequently assuming the role of minister for the Transport department. In the present circumstance, he was dismissed from his position in the cabinet in July 2015.

The reason for bail rejection

The Madras High Court has recently deferred its decision on a petition filed by Tamil Nadu Minister Senthil Balaji, who is seeking release based on medical reasons. Senthil posited that he was experiencing a medical ailment necessitating ongoing physiotherapy treatment. He further stated that he had undergone medical examinations, during which doctors verified the presence of chronic lacunar stroke symptoms.

Additional Solicitor General ARL Sundersan opposed the bail plea on behalf of the Enforcement Directorate (ED). He argued that while Section 437 of the Code of Criminal Procedure does contain a provision regarding sickness and infirmity, it pertains explicitly to illnesses that cannot be adequately treated within a prison setting or necessitate immediate medical attention.

Additionally, it was highlighted by the individual that despite Balaji getting surgery for his condition, he was not afforded the opportunity for bail or interim bail and instead remained in judicial custody throughout that period. 

Furthermore, they contended that Balaji’s medical condition does not meet the criteria for consideration under the proviso and granting of bail, as it deviates from the restrictions outlined in Section 45 of the Prevention of Money Laundering Act. 

The individual highlighted that granting a liberal interpretation would enable any detained individual to assert medical reasons and pursue bail, undermining the legislation’s fundamental objective. Additionally, he contended that granting bail to Balaji, who has the position of a minister and possesses significant influence, might potentially result in the manipulation of evidence and the obstruction of the ongoing inquiry. 

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