The Bench said that the earlier order was not an injunction against becoming minister but a warning that his bail would be cancelled if he continued in the post, as it had the potential to influence witnesses.
Published Oct 06, 2025 | 7:36 PM ⚊ Updated Oct 06, 2025 | 7:36 PM
Balaji was arrested in June 2023 for allegedly conspiring with the Tamil Nadu transport corporation officials for appointing candidates. It was alleged that his aides took money from the candidates in return for jobs.
Synopsis: Balaji sought clarification on whether the order by Justice Oka’s Bench prevented him from becoming a minister during the trial in the money-laundering case. The petition, which also sought to expunge the remarks against him, was filed after the retirement of Justice Oka.
The Supreme Court on Monday, 6 October, refused to hear Tamil Nadu’s former minister V Senthil Balaji’s petition against its earlier order that led to the petitioner’s resignation from the MK Stalin-led Cabinet.
Balaji was forced to quit the ministry after the Supreme Court, on 23 April, warned that his bail in a money-laundering case would be cancelled if he continued as a minister.
Chief Minister Stalin had reinstated Balaji in the Cabinet three days after he was granted bail on 26 September 2024. In April, a Bench of Justices Abhay S Oka and AS Masih asked Balaji to choose between the ministerial “post” and “freedom”. The DMK leader resigned on 27 April.
In his petition, Balaji sought clarification on whether the order by Justice Oka’s Bench prevented him from becoming a minister during the trial in the money-laundering case. The petition was filed after the retirement of Justice Oka.
The court clarified that it had not prevented Balaji from becoming a minister. It further added that once he became a minister, his bail would be cancelled since the court had earlier found him trying to influence the witnesses.
When the petition came up for hearing on Monday, a Bench of Justices Surya Kant and Joymalya Bagchi asked why the application was filed after Justice Oka’s retirement. Solicitor General Tushar Mehta raised the same question, commenting that the belated filing was not in “good taste” and the delay was “calculated”.
Senior Advocate Kapil Sibal, appearing for Balaji, said that the court’s oral remarks were not reflected in the order. The Bench said that the order was not an injunction against becoming minister but a warning that his bail would be cancelled if he continued in the post, as it had the potential to influence witnesses.
“Court has not prevented you from becoming the minister…but the day you become minister and we find you influence witness, we will recall the bail order…we can’t modify the order in piecemeal,” Justice Kant said.
“We don’t read the order as an injunction on you becoming a minister,” Justice Bagchi added.
Sibal submitted that if it was actually found that Balaji was influencing witnesses, his bail could be cancelled. “If it is found at any stage that I am indulging in influencing the trial, the order may be recalled. The trial is yet to commence; there’s no allegation that I have contacted anybody. I have fully cooperated.”
The Bench pointed out that there were, in fact, such allegations against him. It also pointed out that bail was granted only on the grounds of long incarceration.
“This order should not be understood as a mandate that one cannot hold a post while being prosecuted,” Sibal submitted.
Justice Kant noted that Justice Oka’s Bench had taken strong exception to Balaji taking up a ministerial post within days of the grant of bail.
“Paras 4-6 are very significant. The court took very strong exception to your becoming minister. Till you attain complete acquittal…if you want to become minister, file an application seeking permission,” the judge commented.
“So many Ministers are being prosecuted, how many resign? Why should they resign?” Sibal asked. However, the Bench was not inclined to entertain the submission. The court also opined that if the application for expunction was to be heard on merits, Justice Masih ought to be part of the Bench.
Later, Sibal withdrew the application. “We don’t want to go into what was orally observed… no, no further clarification required, language is very clear. Your application is misconceived…if you want to withdraw, we will allow you to withdraw,” Justice Kant said.
Balaji was arrested in June 2023 for allegedly conspiring with the Tamil Nadu transport corporation officials to appoint candidates. It was alleged that his aides took money from the candidates in return for jobs.
