Granting bail to former Tamil Nadu minister Senthil Balaji, the Supreme Court criticised ED over its prolonged detection practises.
Published Sep 28, 2024 | 8:52 AM ⚊ Updated Sep 28, 2024 | 11:19 AM
The former minister was recently granted bail by Supreme Court.
On Thursday, 26 September, the Supreme Court bench comprising Justices Abhay Oka and Augustine George Masih, granted bail to former Tamil Nadu Minister Senthil Balaji.
The ruling came 471 days after the DMK leader spent in jail, in a case pursued by the Enforcement Directorate (ED). While granting him bail, the justices strongly criticised the ED, questioning how long individuals can be imprisoned without proven charges and highlighting the low conviction rates in money laundering cases.
The Supreme Court also granted interim bail to Soumya Saurashya, the former secretary to Chhattisgarh Chief Minister Bhupesh Baghel, who had been jailed for accepting bribes.
While granting bail, the bench noted that both Senthil Balaji and Soumya Saurashya had been incarcerated for extended periods without proper legal proceedings, which they regarded as a violation of constitutional rights. Pointing out the low level of convictions in such cases, they said that only 41 cases of money laundering, according to the parliamentary data, have been punished.
The judges also accused the Enforcement Directorate of insisting on keeping the arrested persons in jail for years without filing charges. Emphasising that bail should be the rule and not the exception, the Supreme Court expressed concern about the negative impact of prolonged detention on innocent individuals.
Legal experts have supported these views, calling for more responsible management of bail cases by investigating agencies.
In response to the court’s decisions, DMK organisational secretary RS Bharti stated that the ED had deliberately delayed the Balaji case and that the court’s ruling served as an appropriate response.
He told the media in Chennai, “ED deliberately planned and delayed the Senthil Balaji case. The court has given the right answer to it. The Supreme Court has given bail to all cases filed by the ED against politicians.”
Tamil Nadu Law Minister Raghupathi also criticised the ED’s handling of cases against politicians, pointing out the agency’s low success rate in filing chargesheets.
“The ED, which has prosecuted several cases, has never any. Even chargesheets have been filed in very few cases.
Madras High Court Advocate Prabhakaran added that the Supreme Court’s remarks reflect ongoing concerns about the management of bail petitions by investigating agencies, urging them to handle such cases more effectively. “The Supreme Court has been condemning investigating agencies in several cases. Agencies should take note of that and handle cases properly.”
(Edited by Neena)
