The Supreme Court granted bail to former Tamil Nadu minister Senthil Balaji who was arrested by the Enforcement Directorate (ED) in an alleged cash-for-jobs scam. The court highlighted that bail is the rule and jail is the exception, and that the delay in trial and the higher threshold under the Prevention of Money Laundering Act for granting bail cannot go together. The judgement also noted the extraordinary powers of the Constitutional Courts in cases where there is an unreasonable delay in trial. In this case, the court has imposed strict conditions considering Balaji's influential position and the possibility of tampering with evidence.
Senthil Balaji Granted Bail in Cash-for-Jobs Scam
Former Tamil Nadu Minister Senthil Balaji, who was arrested by the Enforcement Directorate (ED) in an alleged cash-for-jobs scam, has been granted bail by the Supreme Court. The apex court has highlighted the principle that bail is the rule and jail is the exception, and that the delay in trial and the higher threshold under the Prevention of Money Laundering Act (PMLA) for granting bail cannot be allowed to go together.
Background
Balaji was arrested by the ED in February 2023 in connection with a case involving allegations of bribery and corruption in the appointment of teachers in government schools in Tamil Nadu. The ED claimed that Balaji, while serving as the Minister for Health and Family Welfare, had demanded and accepted bribes from candidates to facilitate their appointment as teachers.
Balaji denied the allegations and filed a plea for bail in the Madurai Bench of the Madras High Court. However, his plea was rejected. He then approached the Supreme Court, which granted him bail on March 8, 2023.
Supreme Court Judgment
In its judgment, the Supreme Court noted that Balaji had been in custody for a period of over three months, and that the trial in the case was unlikely to commence anytime soon. The court also highlighted the fact that the threshold for granting bail under the PMLA is higher than under other laws.
However, the court observed that the delay in trial and the higher threshold under the PMLA cannot be allowed to go together. It stated that bail is the rule and jail is the exception, and that the presumption of innocence must prevail until proven guilty.
Bail Conditions
The Supreme Court has imposed strict conditions on Balaji's bail. He has been asked to surrender his passport, not to leave the country without the court's permission, and to appear before the ED whenever required. The court has also prohibited him from influencing witnesses or tampering with evidence.
FAQs
1. What is the cash-for-jobs scam?
The cash-for-jobs scam involves allegations that candidates paid bribes to secure appointment as teachers in government schools in Tamil Nadu.
2. Who is Senthil Balaji?
Senthil Balaji is a former Tamil Nadu Minister for Health and Family Welfare. He has been accused of demanding and accepting bribes in connection with the cash-for-jobs scam.
3. Why was Senthil Balaji arrested?
Balaji was arrested by the ED in February 2023 in connection with the alleged cash-for-jobs scam.
4. Why was Senthil Balaji granted bail?
The Supreme Court granted Balaji bail on the grounds that the delay in trial and the higher threshold under the PMLA for granting bail cannot be allowed to go together.
5. What are the conditions of Senthil Balaji's bail?
Balaji has been asked to surrender his passport, not to leave the country without the court's permission, and to appear before the ED whenever required. He has also been prohibited from influencing witnesses or tampering with evidence.
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