- Saturday, September 28, 2024
The court observed that inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together
By: Shajil Kumar
IN A relief to former Tamil Nadu minister and DMK strongman Senthil Balaji, the Supreme Court on Thursday granted him bail in a money laundering case after over 15 months, noting there is no possibility of the completion of trial in the near future.
The top court said Balaji, who was arrested by the Enforcement Directorate, has been in jail since last year and his continued detention will amount to an infringement of his fundamental right under Article 21 of the Constitution.
Noting that there are more than 2,000 accused and over 600 witnesses in the case, a bench of Justices Abhay S Oka and Augustine George Masih said inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together.
“Therefore, even in ideal conditions, the possibility of the trial of scheduled offences concluding even within a reasonable time of three to four years appears to be completely ruled out,” it said.
However, the top court imposed tough bail conditions on Balaji while granting him bail.
Stalin welcomes bail
Welcoming the bail order, Tamil Nadu Chief Minister M K Stalin said attempts were made to break the DMK leader’s resolve by keeping him behind bars but that he has emerged stronger than ever before.
“The prison life did not extend for so many days even during the Emergency. The political conspiracies continued for 15 months (against Balaji). (they) tried to break Senthil Balaji’s resolve by keeping him inside the prison,” Stalin said in a post on ‘X.’
In Balaji’s native village Karur in Tamil Nadu, supporters of the DMK strongman celebrated the bail order.
While pronouncing the order, the top court said stringent provisions regarding the grant of bail in Prevention of Money Laundering Act (PMLA) cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time.
The apex court, however, took into note the submissions of Solicitor General Tushar Mehta, appearing for the ED, that Balaji may influence the witnesses in the case and imposed stringent conditions on him.
It directed Balaji to furnish bail bonds in the sum of ₹2.5 million (£22,364.43) with two sureties in the like amount.
The bench directed that Balaji shall not directly or indirectly attempt to contact or communicate with the prosecution witnesses and victims of the three scheduled offences in any manner.
The top court directed Balaji to surrender his passport to the special court under the PMLA at Chennai before he is enlarged on bail.
“The appellant shall regularly and punctually remain present before the courts dealing with scheduled offences as well as the Special Court and shall cooperate with the courts for early disposal of cases,” the bench added.
The ED had on August 12 last year filed a 3,000-page charge sheet against Balaji.
On October 19, the high court had dismissed Balaji’s earlier bail plea. A local court has also dismissed his bail petitions thrice. (PTI)
