NEW DELHI: India’s top court on Thursday granted bail to former Tamil Nadu Minister Senthil Balaji, who was arrested by the Enforcement Directorate (ED) last year in connection with a money laundering case.A bench of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih imposed strict conditions while granting relief to the DMK leader, after reserving the verdict on August 12.The apex court noted that it referenced the KA Najeeb vs. UOI verdict and other judgements while granting bail.”What we have stated is that a stringent and higher threshold for bail and delays in prosecution cannot coexist. We have, therefore, slightly expanded the scope in Najeeb and granted bail, but very onerous conditions are imposed,” the bench observed in its verdict.The apex court had earlier concluded a detailed hearing on the arguments presented by Solicitor General (SG) Tushar Mehta and Zoheb Hossain, who represented the ED, and Mukul Rohatgi, who argued for Balaji.During the hearing, SG Mehta argued that Balaji’s brother was absconding and said that cash had been deposited in the DMK leader’s account and that he was influencing witnesses and victims.”Mere incarceration of one year and a potential danger of delay in trial may not be good ground to release him,” Mehta had argued before the court.Noting that Balaji had been in custody for one year, the apex court had previously remarked that the trial was not going to proceed if it didn’t commence in the next three to four months.”What do we do about it?” the top court questioned, seeking clarification from the ED on how it could proceed with the trial in the PMLA case when the trial for the predicate offence has not yet begun.”How will you proceed with the trial?” it had asked.To this, Hossain had argued that both trials could continue concurrently, while Mehta said that charges had been framed, but the accused had requested 13 adjournments.Mehta had said that the trial can be completed in six months if they (Balaji’s side) give an undertaking saying they won’t seek further delays.On the other hand, Senior Advocate Mukul Rohatgi argued on behalf of Balaji, stating that all of this was being addressed in his bail application.”Please give me bail first and this can be decided later. I am no longer a minister, recently underwent heart surgery,” Balaji told the court.Citing the recent bail granted to AAP leader Manish Sisodia by the apex court, Rohatgi argued that Balaji should also be granted bail at this stage.”The trial is delayed and bail is the primary issue at here,” he told the court.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.In contrast, Balaji firmly asserted his innocence in the case, stating that the ED had not identified any proceeds of crime against him and that its main evidence relied on information from the predicate offence.On October 19, the high court had dismissed Balaji’s earlier bail plea. A local court has also dismissed his bail petitions thrice.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.”Accordingly, there shall be a direction to the Principal Special Court, Chennai, to dispose of the case within a period of three months from the date of receipt of copy of this order,” it had ordered.The high court ordered that the trial shall be conducted on a day-to-day basis in accordance with the guidelines issued by the top court.
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