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The top court also relaxed the other condition of being present in the trial court on every date of hearing, saying that if any such application is made, the presiding officer may consider his plea for exemption on merits.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said, “Why is this man required to appear before the Deputy Director of the Enforcement Directorate in Chennai every Monday and Friday? …At least save your officer from harassment as he has to wait twice per week for this gentleman to come.”
However, lawyer Zoheb Hussain, appearing for the Enforcement Directorate (ED), said the bench was conscious of his conduct and the possibility of influencing witnesses while imposing conditions in its bail order.
Senior advocate Kapil Sibal and advocate Ram Shankar, appearing for the former minister, said that whenever the investigating agency asks him to appear, he will do so and now there will be no benefit from this condition.
Advocate Pranab Sachdeva, appearing for one of the complainants, spoke in favor of keeping these conditions in place as the former minister is an influential person.
The bench said that Balaji will approach the Deputy Director if necessary. It said that if the ED wants his presence, it will have to give advance notice.
The apex court, on November 14, agreed to consider Balaji’s plea to relax his bail conditions in the money laundering case.
Balaji, in his plea, had sought modification of two conditions in the bail order – one, he will mark his presence at the office of the Deputy Director of ED in Chennai every Monday and Friday between 11 am and noon and he will appear before the investigating officers of the police in three scheduled crimes related to the case on the first Saturday of every month.
Sibal had said that the second condition, which has been sought to be modified, is that Balaji will regularly and timely attend the courts dealing with scheduled crimes as well as the special court and cooperate with the courts for speedy disposal of cases.
He argued that the investigation has been completed and chargesheet has been filed in the ED case and Balaji has appeared before the federal investigation agency 116 times since he was granted bail on September 26 last year.
“During this period, I never absconded and did not appear before the ED officials as directed by the court,” he had said.
On September 26 last year, the apex court had granted bail to Balaji in the money laundering case after more than 15 months, noting that there was no possibility of the trial being completed in the near future.
The top court said that Balaji, who was arrested by the ED, has been in jail since 2023 and his continued detention would be a violation of his fundamental right under Article 21 of the Constitution.
Noting that there are over 2,000 accused and over 600 witnesses in the case, the top court said that inordinate delay in concluding the trial and a high threshold for granting bail cannot go together.
However, the apex court had taken note of the arguments of Solicitor General Tushar Mehta, appearing for the ED, that Balaji could influence witnesses in the case and imposed strict conditions on him. It had directed Balaji to furnish a surety bond of Rs 25 lakh and two sureties of like amount.
The apex court had further directed that Balaji shall not contact or attempt to communicate directly or indirectly with the prosecution witnesses and victims of the three scheduled crimes in any manner.
“The appellant shall be required to mark his presence in the office of the Deputy Director of Enforcement Directorate at Chennai on every Monday and Friday between 11 am and 12 noon. He shall also appear before the investigating officers of the three scheduled offenses on the first Saturday of every calendar month.”
The top court had directed Balaji to submit his passport to the special court under the Prevention of Money Laundering Act, 2002 (PMLA) in Chennai before being released on bail.
The Appellant will appear before the courts dealing with scheduled offenses as well as the Special Court on a regular and timely basis and will cooperate with the courts for expeditious disposal of the cases.
“If the appellant seeks adjournment on non-existent or frivolous grounds or creates obstruction in the expeditious disposal of the cases mentioned above, the bail granted to him shall be cancelled,” it said.
Balaji was arrested by the ED on June 14, 2023, in a money laundering case related to the alleged cash-for-jobs scam when he was the transport minister in the previous AIADMK government.
ED filed a 3,000-page chargesheet against Balaji on August 12, 2023.