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Bail by Supreme Court After Unduly Long Detention
Former Tamil Nadu minister V Senthil Balaji, whom the Enforcement Directorate arrested in June 2023, received a reprieve at the hands of the Supreme Court recently. His detention had lasted nearly a year on charges that he received a whopping Rs 5 crore as a bribe to employ 300 youths during his tenure as Transport Minister between 2011 and 2016 in J Jayalalithaa's AIADMK government.
Although all prior bail applications were refused, this time around the Supreme Court, under Justices Abhay Oka and Augustine George, based its decision on long imprisonment and delay in trials as grounds for bail. The court observed that a slow trial and stringent bail conditions cannot go hand in hand.
Conditions Imposed by the Court
When the court granted bail, it imposed some tight conditions on Balaji. His lawyer, DMK MP NR Elango said the former minister must go to the authorities once or twice a week, cannot interfere with evidence and witnesses, and shall surrender his passport. In that way, Balaji will stay within the legal limits in the investigation process.
ஆருயிர் சகோதரர் @V_Senthilbalaji அவர்களுக்கு 471 நாட்களுக்குப் பிறகு, உச்ச நீதிமன்றத்தால் பிணை கிடைத்திருக்கிறது.
அமலாக்கத் துறையானது, அரசியல் எதிரிகளை ஒடுக்கும் துறையாக மாற்றப்பட்ட தற்போதைய சூழலில், அதற்கு உச்சநீதிமன்றம் ஒன்றே விடியலாக இருக்கிறது.
எமர்ஜென்சி காலத்தில் கூட…— M.K.Stalin (@mkstalin) September 26, 2024
Political Response and Support
Chief Minister MK Stalin, who welcomed the release of Balaji, celebrated his victory on X (formerly Twitter) and chose to refer to the strength of Balaji in the face of harassment from the Enforcement Directorate (ED) and slammed the central government for targeting political opponents. The DMK party also celebrated with festivities as its supporters cheered the decision with fireworks and party flags.
Having been switched over from AIADMK to DMK in December 2018, Balaji has emerged as a stout pillar within Tamil Nadu politics. His potential reinstatement into the state cabinet cannot be determined following his resignation some months ago over a legal battle with the Governor.
Health Issues and Legal Battle
The arrest was dramatic with the minister complaining of chest pains when taken into custody. He underwent an angiogram. His doctors reportedly advised that he have bypass surgery. Pictures of him crying in an ambulance went viral and saw wide sympathetic hands, especially among DMK leaders, who complained of ED targeting opposition faces.
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The bail journey and delayed trials
Before this Supreme Court judgment, Balaji's bail applications had been turned down consecutively by the Madras High Court as well as in the trial courts. In fact, the High Court had also ordered a speedy trial because of the unduly long legal process. Balaji contests all allegations against him.
The case against Balaji started gaining momentum immediately after the electoral victory of the DMK in Karnataka, which made Karnataka go the way of the BJP. According to them, the ED has been accusing and acting with a political vendetta motive for weakening the opposition forces. The agency had raided various properties associated with Balaji and his associates as well as his family.
It is the greatest turning point so far in Balaji's battle against the money-laundering allegations because the SC allowed him bail. While the trial is still pending, Balaji's political future now hangs in the balance, but his release has resurfaced debates over the use of central agencies in state politics.
Inputs by Agencies
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