New Delhi, Apr 23 (PTI) The Supreme Court on Wednesday told DMK leader V Senthil Balaji to make a choice "between post and freedom" as it warned him of cancelling bail if he did not step down as minister in Tamil Nadu.

A bench of Justices Abhay S Oka and Augustine George Masih took exception to the fact that Balaji was reinstated as a Tamil Nadu cabinet minister days after getting bail in a money laundering case related to the "cash-for-job" scam.

"There is grave apprehension that you will interfere and will influence witnesses. You have to make a choice between the post (minister) and freedom. What choice you want to make, you tell us," it said.

The top court referred to a previous judgment which recorded that he forced people to withdraw complaints against him. Grant of bail did not mean power to influence witnesses, it noted.

"When you were a minister, categorical findings have been recorded against you in the manner in which you brought about settlement and the proceedings are quashed. Grant of bail does not mean power to influence witnesses. In the past, you have influenced witnesses," the bench said.

The top court, as a result, offered him a choice.

"So, you have to make a choice between the post and the freedom. Such drastic findings are recorded against you in capacity as a minister," the bench said. The court was hearing pleas to recall Balaji's bail on the ground that he influenced witnesses in the case.

The top court found a prima facie case against Balaji based on his past conduct which showed he "interfered and influenced" the witnesses.

"Now, you have gone back to the same position where as a minister you will be able to influence. We have granted you bail on totally different grounds. You must remember one thing. He had not been granted bail on merits. He had been granted bail on possible violation on Article 21 of the constitution. What signal are we sending when you hold office of minister?" it asked.

Senior advocate Mukul Rohatgi, representing Balaji, said there was no direct finding against his client.

Senior advocate Kapil Sibal, on behalf of the Tamil Nadu government, said the trial could be shifted out of the state if there was any possibility of influencing the witnesses.

The court disagreed, saying no purpose would be served.

Solicitor general Tushar Mehta, appearing for the Enforcement Directorate, referred to its affidavit alleging Balaji influenced the witnesses.

"We will record it in the order that we have made a mistake by ignoring the judgements against you, because the entire hearing proceeded on the footing that he is no longer minister. We will accept our mistake," Justice Oka offered.

When Sibal submitted there was no possibility of Balaji influencing witnesses, the top court remarked, "You (Balaji) are preventing witnesses from coming." The apex court also expressed apprehension about politicians misusing the liberal bail jurisprudence developed by the court in money laundering cases.

"What troubles us is for the first time in case of PMLA, we have applied a law that if a case is not going to commence we will grant bail. This order is being followed consistently. When we read the order of the trial court and the high court, we were told that he is no longer minister," it noted.

The bench went on, "Therefore, we ignored the allegation based on the judgements on the ground that he is no longer minister. Now you bring about a change within few days of order granting bail and he is again the minister. This is not the way to deal with the court. After that don't blame us that this court is not liberal in granting bail. You know how difficult it is to get bail in PMLA." The top court, however, granted the Sibal's request for some time, posting the matter on April 28.

Balaji previously said his appointment as a cabinet minister in Tamil Nadu was not violative of the bail conditions imposed on him by the top court in a money laundering case and he couldn't be chastised for seeking a political office following a popular mandate.

On September 26, 2024, the top court granted bail to Balaji, who had spent over 15 months in jail and observed there was no possibility of the completion of trial in the near future.

Balaji, 48, was sworn in as a minister by Tamil Nadu Governor R N Ravi on September 29, last year and was assigned the same key portfolios -- electricity, non-conventional energy development, prohibition and excise -- he held previously in the Stalin cabinet.

Balaji, representing Karur assembly constituency, was arrested on June 14, 2023 in the case when he was the transport minister during the previous AIADMK regime between 2011 and 2015.

On February 13, last year, the TN Governor accepted Balaji's resignation from the council of ministers. The top court's reprieve on September 26, 2024 ended Balaji's 471-day incarceration.

The ED had filed a case of money laundering in July 2021 to probe the allegations after three FIRs were registered by the Tamil Nadu police in 2018 and on the basis of complaints by those aggrieved in the alleged scam.

Its chargesheet claimed the entire recruitment process in the state transport department during his tenure as a minister was turned into a "corrupt chiefdom". PTI PKS PKS AMK AMK