SC grants bail to Senthil Balaji in money-laundering case

Noting that he has been in jail for over 15 months and the trial was unlikely to conclude in three-four years, the Supreme Court on Thursday granted bail to former Tamil Nadu Minister Senthil Balaji -- arrested by the Enforcement Directorate on June 14, 2023 on money laundering charges in a cash-for-jobs scam.

“If   the appellant's   detention   is   continued, it will amount to an infringement of his fundamental right under Article 21 of the Constitution  of speedy trial,” a Bench of Justice AS Oka and Justice AG Masih said even as it held that “at this stage, it will be very difficult to hold that there   is   no  prima   facie  case   against   the   appellant  (Balaji).”

It also said that at  this stage, Balaji’s contention that Rs 1.34 crore cash deposit was remuneration received as MLA and agriculture income cannot be accepted in the absence of any prima facie evidence to show the existence of his cash income as MLA and agriculture income.

However, the Bench granted him bail in view of the fact that there are more than 2,000 accused in the three scheduled offences, and the number of witnesses proposed to be examined exceeds 600, saying, “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.”

Noting that Section 45(1)(ii) of the PMLA laid down higher threshold for the grant of bail, it said, “Inordinate   delay   in   the conclusion of the trial and the higher threshold for the grant of bail cannot go together.

“These stringent provisions regarding the grant of bail, such as Section 45(1)(iii) of the PMLA, cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time,” it said, highlighting the well-settled principle of criminal jurisprudence that “bail is the rule, and jail is the exception”.

"The constitutional courts cannot allow provisions like section 45(1)(ii) to become instruments in the hands of the ED to continue incarceration for a long time when there is no possibility of a trial of the scheduled offence and the PMLA offence concluding within a reasonable time.  If the Constitutional courts do not exercise their jurisdiction in such cases, the rights of the undertrials under Article 21 (right to life and liberty) of the Constitution will be defeated,” the top court emphasised.

Ordering Balaji’s release on a personal bond of Rs 25 lakh with two sureties in the like amount, the top court asked him to surrender his passport to the Special Court under the PMLA at Chennai, not to contact prosecution witnesses or seek adjournments on frivolous   grounds, mark his attendance every Monday and Friday between 11 am and noon in the office of the ED Deputy Director, at Chennai and remain present   before the Special Court during trial.

“If it is found that the appellant directly or indirectly   made   even   an   attempt   to   contact   a 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 top court said.