NEW DELHI: The Supreme Court on Monday reserved the verdict on the bail plea of former Tamil Nadu minister and MP Senthil Balaji, an accused in a money laundering case related to the cash-for-jobs allegations.
A two-judge bench of the Supreme Court headed by Justice Abhay S. Oka and Justice Augustine George Masih reserved the order today after hearing in detail the arguments of Solicitor General (SG) Tushar Mehta and Zoheb Hossain (for the ED) and Mukul Rohatgi for Balaji.
During the hearing on Monday, Mehta argued that his (Balaji’s) brother was an absconder. “We have shown that cash has been deposited in his account, he has won over witnesses and victims. A mere one-year jail term and the potential threat of delay in trial may not be a good reason to release him,” Mehta told the Supreme Court, seeking a direction that his bail should not be extended.
The Supreme Court found that he had been in custody for a year.
“What do we do about it?” the court asked, seeking to know from the ED how the trial in the PMLA case can proceed when the trial for the predicate offence has not yet begun. “How will you proceed with the trial?” the court added.
Hossain replied that both the cases could continue side by side. Mehta added, “The charges have been framed and the accused has sought 13 adjournments. If we promise that we will not seek time, the case can be completed in six months.”
Former Attorney General and senior advocate Mukul Rohatgi, on the other hand, said that all this will be discussed in the bail application. “Please grant me bail first, we can decide on it later. I am no longer a minister and I have recently undergone a heart surgery,” Balaji said, seeking bail.
Pointing out that the Supreme Court had recently granted bail to Manish Sisodia, Rohatgi said, “So my client should be released on bail at this point of time. The trial has been delayed and bail is the main issue here.”
On the last day of hearing, the Supreme Court had asked the ED to show by tomorrow that there is “prima facie evidence” against Balaji, who had challenged the Madras High Court’s denial of his bail in a cash-for-jobs money laundering case.
“Prima facie (if) you have evidence to show that this file which you (ED) are relying on will immediately incriminate him (Balaji) irrespective of whether it was found on the pen drive,” the two-judge bench of the Supreme Court headed by Justice Oka had said.
