Can’t say there’s no prima facie case against Balaji: SC

Can’t say there’s no prima facie case against Balaji: SC

AmitAnand.Choudhary@timesofindia.com 27.09.2024

New Delhi : Examining the evidence against former TN minister Senthil Balaji, Supreme Court said Thursday there is no reason, at this stage, to doubt the authenticity of the soft files, and there is also prima facie material to show a cash deposit of Rs 1.3cr in his 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’s no prima facie case against appellant...” SC said. 

However, SC said ED could not be permitted to use stringent bail provision Section 45(1)(ii) of PMLA as an instrument to keep an accused in custody for a long period. Granting bail, SC imposed stringent conditions on Balaji: he has to report to ED every Monday and Friday and has to be present in courts holding trial in the corruption and money laundering cases. SC noted a higher threshold has been provided in these statutes for grant of bail as reflected in Section 45 (1) (ii) of PMLA, proviso to Section 43D(5) of UAPAand Section 37 of NDPS Act, overriding provisions of Criminal Procedure Code. 

“Considering the gravity of the offences in such statutes, expeditious disposal of trials for crimes under these statutes is contemplated. Moreover, such statutes contain provi sions laying down higher threshold for grant of bail. The expeditious disposal of the trial is also warranted considering the higher threshold set for the grant of bail... It is a well-settled principle of our criminal jurisprudence that bail is the rule, and jail is the exception. These stringent provisions regarding grant of bail, such as Section 45(1)(iii) of PMLA, cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time,” SC said. SC held that prolonged incarceration without trial is violative of rights of an accused and the court should step in to protect him and no provision can take away the power of constitutional courts to grant bail on grounds of violation of fundamental rights. “When trial of the complaint under PMLA is likely to prolong beyond reasonable limits, Constitutional Courts will have to consider exercising their powers to grant bail.

The reason is that Section 45 (1)(ii) does not confer power on State to detain an accused for an unreasonably long time, especially when there is no possibility of trial concluding within reasonable time.” 

Balaji likely to rejoin cabinet next week 

Amid signs Senthil Balaji will be re-inducted into the cabinet, TN CM MK Stalin hailed the former minister on his release on bail after 471 days in prison, saying: “Your sacrifice is great! Your resolve greater!” Multiple sources confirmed to TOI that an announcement on Balaji’s return to the cabinet is expected next week. “He is most likely to be re-inducted. It is unclear if he will retain his original portfolio, energy, prohibition and excise,” said a DMK neta.