The Supreme Court, on Monday, refused to appoint a Special Public Prosecutor (SPP) for the corruption trial of former Tamil Nadu Minister V. Senthil Balaji, citing the absence of evidence that the current Public Prosecutor is unqualified.
The corruption case stems from allegations that Balaji, during his tenure as Transport Minister, accepted money in exchange for jobs, which ultimately never materialized.
A bench of Justice Abhay Oka and Justice Augustine George Masih heard the petition requesting the appointment of an SPP. The plea was filed by victims of the job scam who sought the replacement of the current Public Prosecutor, P. Washington Dhanasekaran.
The Court dismissed the request, stating that Public Prosecutors assigned to cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) are competent and must adhere to higher standards of responsibility, as these trials are closely monitored by the Supreme Court.
In response, the Tamil Nadu government submitted an affidavit detailing Dhanasekaran’s qualifications and experience, affirming his competence to handle the trial. The bench also noted that the appointment of Public Prosecutors is critical in ensuring fairness, especially in cases involving MPs and MLAs.
During the proceedings, the Court questioned the delay in the approval of prosecution sanctions against Balaji by the Tamil Nadu Governor.
The State informed the Court that the sanction had finally been granted on August 23, 2024, despite the proposal being sent to the Governor on January 4, 2024. “We were wondering why it took seven months for the sanction to be granted,” the bench observed.
Additionally, the Supreme Court directed the trial court to submit a detailed report on the progress of the trial, including the status of other related cases.
The trial report is to be submitted in a sealed envelope before the next hearing, which is scheduled for September 30, 2024.
Background
V. Senthil Balaji served as Tamil Nadu’s Transport Minister between 2011 and 2016.
He faces charges under Section 420 (cheating) of the Indian Penal Code and Sections 7, 12, and 13 of the Prevention of Corruption Act for allegedly orchestrating a cash-for-jobs scheme.
Balaji, along with his associates, reportedly accepted bribes from candidates in exchange for employment in the transport department.
The Enforcement Directorate (ED) also registered a case linked to this corruption scandal, arresting Balaji in June 2023. While the Madras High Court rejected his bail application, it directed the Special Court to expedite the trial within three months.
Court Details:
- Case No.: IA in Miscellaneous Application No. 1381/2024 in Crl.A. No. 1677/2023
- Case Title: Y. Balaji v. Assistant Commissioner of Police, Central Crime Branch (Job Racketing) & Anr.
- Bench: Justice Abhay Oka and Justice Augustine George Masih