SC Seeks ED's Response On Senthil Balaji's Plea To Relax Bail Conditions
A bench of Justices Surya Kant and Joymalya Bagchi passed the order after hearing senior advocates Kapil Sibal and Narendra Hooda for Balaji, Zoheb Hossain for the ED, and senior advocate Gopal Sankaranarayanan for the complainant.
Sibal submitted that Balaji was seeking modification of two conditions in the September 2024 bail order - the requirement to mark attendance every Monday and Friday between 11 a.m. and 12 noon in the ED's office in Chennai, in addition to appearing before investigating officers on the first Saturday of each month, and the condition to remain "regularly and punctually" present before all courts hearing the scheduled offences.
Sibal added that these conditions have outlived their purpose since the investigation is over and the chargesheet has been filed.
"My client has appeared before the ED on 116 occasions. There is no apprehension of absconding," submitted the senior counsel.
Opposing the plea, the federal anti-money laundering agency contended that the then Justice Abhay S Oka-led Bench, which granted Balaji bail, was fully conscious of the nature of the conditions imposed.
"These conditions have ensured smooth progress of the trial. There is no reason to dilute them now," stated the ED's counsel.
Taking note of the submissions, the Justice Kant-led Bench said the top court was not expressing any opinion for now but directed ED to clarify whether Balaji's continued appearance before it was necessary.
In April this year, the Supreme Court had warned Balaji - who was re-inducted into the CM M.K. Stalin-led Cabinet after being released on bail - that he could not continue as a minister while facing allegations of influencing witnesses.
"[We] are giving him a choice. Freedom or post?" the Justice Abhay S. Oka-led Bench had said, noting earlier findings that he attempted to settle matters with witnesses while in office.
Tamil Nadu Governor R. N. Ravi had accepted Balaji's resignation on the recommendation of Chief Minister Stalin.
Balaji, arrested by the ED in June 2023 after extensive searches in Chennai, Karur, and Coimbatore, spent 450 days in custody before securing bail.
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