SC adjourns hearing on bail plea of former Tamil Nadu minister till August 12

V Senthil Balaji has been accused in a 2014 cash-for-jobs scam where he is accused of taking bribes for giving jobs

The Supreme Court on Tuesday adjourned hearing on the bail plea filed by former Tamil Nadu minister V Senthil Balaji till August 12 while asking the Enforcement Directorate (ED) probing the case whether trial against him in the money laundering case can go on without a conviction in the predicate offence probed by the Central Bureau of Investigation (CBI) in the cash-for-jobs scam.

V Senthil Balaji had approached the top court against the order of the Madras high court of February 28 denying him bail. (PTI)

The bench led by justice AS Oka said, “How can conviction in PMLA be sustained unless the predicate offence is established,” as it agreed to consider arguments on this aspect on Monday. Balaji has been accused in a 2014 cash-for-jobs scam where he is accused of taking bribes for giving jobs in the state metropolitan transport corporation (MTC). He was the Transport Minister at the relevant period in the AIADMK-led government.

Solicitor general Tushar Mehta appearing for ED along with advocate Zoheb Hossain submitted that the trial in the predicate offence and the offence under the Prevention of Money Laundering Act (PMLA) can proceed simultaneously.

The bench, also comprising justice PB Varale, further said, “You also need to address if there is possibility of trial concluding soon in the predicate offence. There are more than 1,000 witnesses.”

The court’s observation assumes relevance as Balaji had approached the top court against the order of the Madras HC of February 28 denying him bail. He was arrested on June 14 last year. According to ED, proceeds of crime worth ₹67.74 crore have been found to nail Balaji in the PMLA case.

Senior advocate Mukul Rohatgi appearing for Balaji had earlier submitted that the former minister has remained in custody for over a year and the charge sheet has been filed in the cases against him.

Balaji also sought bail on medical grounds claiming that he had undergone coronary bypass surgery and required medical attention. He also questioned the evidence produced against him by doubting that the material forming part of the charge sheet was not recovered from his residence. This fact was disputed by ED.

The HC while denying bail to Balaji had observed, “The fact that the petitioner continued to hold the position as a minister for nearly eight months and that too without a portfolio when he was inside the jail, shows the tremendous influence of the petitioner and the importance that is given to him by the state government.”