Cash-for-jobs scam: SC gives ED green signal to continue probe into Tamil Nadu minister Senthil Balaji 

The Supreme Court’s judgement

The apex court ruled, “The Investigation Officer shall proceed with further investigation in all cases by including the offences under the PC Act (Prevention of Corruption Act). Any let up on the part of the Investigation Officer in this regard will pave way for this court to consider appointing a Special Investigation Team in the future.”

Further allowing the appeals filed by the ED, the court said, “The ED will now be entitled to proceed further from the stage at which their hands were tied by the impugned order.”

The court also observed, “Once a piece of information relating to the acquisition of huge amount of illegal gratification in the matter of public employment has come into the public domain, it is the duty of the ED to register an Information Report.”

Further, the apex court granted the state police two months’ time to complete the investigation and submit the final report.

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The case background

Between 2014-2015, while Balaji was the Transport Minister during the AIADMK regime, recruitment for the post of reserve crew drivers, crew conductors, junior tradesmen (JTM), junior assistant (JA), and junior engineer was announced in November 2014.

One Arulmani and others, close aides of Balaji, took cash from the aspirants to fill the post. Jobs were given to those who paid cash and few others were pending, as the elections were announced. They were promised jobs after the elections.

Subsequently, in 2016, the AIADMK came into power again but this time, the scenario was different. Following the death of then-chief minister Jayalalithaa and subsequent political developments, Balaji left the AIADMK and joined TTV Dhinakaran.

Following his move, the aspirants who paid money for jobs — but were yet to get one — started to pressurise Arulmani and others to return their money.

In 2018, four complaints were filed against Balaji and others, and an FIR was filed against them under Sections 406 (punishment for criminal breach of trust), 420 (cheating), and 506 (punishment for criminal intimidation) of the Indian Penal Code.

The case was investigated and a chargesheet was filed in the following year before a special court for Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs).

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A marathon of litigations

In 2021, Balaji approached the Madras High Court to quash the FIRs filed against him. During the hearing, Balaji submitted that he had entered a settlement with 13 aspirants, who were arrayed as witnesses in the case, and returned their money.

Accepting it, a single judge quashed the proceedings of the special court. However, the police and others challenged it and filed an appeal in the Madras High Court.

Meanwhile, the Enforcement Directorate took cognisance of the case and registered four cases in connection with the scam, and named Balaji as an accused in all four of cases. Further, the ED issued a summons to Balaji and others for an inquiry.

Challenging the summons, Balaji once again approached the Madras High Court, contending that there were no jurisdictional facts for the ED to initiate any proceedings under PMLA.

Allowing his petition, in September 2022, a bench comprising Justices T Raja and K Kumaresh Babu stayed the FIRs and quashed the summons issued by the ED. Retaliating, the ED challenged the high court’s order before the Supreme Court.

In October 2022, a Supreme Court bench — headed by Justice S Abdul Nazeer — set aside the order of the high court and restored the criminal complaint against Senthil Balaji and others.

Meanwhile, the ED had completed its probe and had filed chargesheets in all the cases. Challenging it, Balaji once again approached the high court.

On 31 October 2022, a single judge observed that there were irregularities in the investigation conducted by the ED and that it has overlooked certain crucial aspects. Further, the judge directed the ED to conduct a (de-novo) fresh investigation into two cases registered against the minister.

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In the Supreme Court

Challenging the single-judge order for a fresh investigation, the ED filed an appeal before the Supreme Court. Further, the Anti-Corruption Movement and a few other victims also filed an appeal challenging the Madras High Court order.

A few cases were listed before Justices Krishna Murari’s bench and other matters related to the cash-for-jobs cases were listed before the bench headed by Justice Ramasubramanian.

Objecting to it, Senthil Balaji approached the Supreme Court, seeking an order for the cases to be heard by a single set of judges.

The case was listed before Chief Justice of India DY Chandrachud, who formed a special bench comprising both the Justices Murari and Ramasubramanian.

Further, the special bench, which had reserved the order last month, heard the case on a daily basis and delivered its judgement today.

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