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A bench of Justices Surya Kant and Joylya Bagchi rejected Balaji’s dispute, representing him, senior advocate Kapil Sibal said that the court has never said anything about his minister.
The bench said, “We cannot read the order or become a minister as an prohibition in becoming a minister. However, if the state environment is affected by your becoming a minister or holding the office, we have to ensure that the plan of justice is strong,” the bench said.
Sibal said that there was no word in Balaji’s order to become a minister on April 28 and there could be no prohibition when the court becomes a minister, while he is being prosecuted.
Justice Kant questioned Sibal as to why the application for clarification was filed after Apex Court Judge Justice Abhay S Oka, who asked him to resign as a minister in the Tamil Nadu government, retired.
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Solicitor General Tushar Mehta, appeared for the Enforcement Directorate, also questioned the time of application and said that it was not in good taste.
Justice Kant told Sibal, “This court has not stopped you from handling the post of minister and cannot stop you. But it was found that after becoming a minister a few days after being granted bail, you were having some effect in the cases testing, the court said that it is better that you go to jail”.
Sibal said that it was probably in the mind of the court but it was not reflected by the order and hence the application was filed.
Justice Bagchi said that there were allegations of influence and the court found that these prima facials were correct.
Mehta and senior advocate Gopal Shankaranarayanan attended the scam victims, handled the bench through the sequence of orders passed in the case and said that on 23 April the court gave Balaji an ultimatum and “asked him to make an alternative between the post and Freedom” as it was not as a minister.
Given the mood of the court, Sibal sought permission to withdraw the petition.
The bench allowed him to withdraw the petition seeking clarification.
In another case related to Balaji, where the victims approached the court to demand the appointment of a special public prosecutor, the bench asked the Tamil Nadu government that these cash-joke scam cases related to former ministers and state officials have not been transferred to Delhi or some other neutral places.
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Senior advocates Abhishek Singhvi and Amit Anand Tiwari, who appeared for the Tamil Nadu government, opposed the court’s suggestion, saying that it would be a reflection on the state judiciary that nothing is being done in these cases.
“We are only suggesting why not the trial has not been transferred to Delhi or some other neutral grounds because the investigation is completed and only the test is made. Witnesses are virtually, if necessary, the court suggests. It is the suggestion of the court because whenever a high state worker or minister is involved in criminal cases, it is compulsory to be accused of impact or delay.”
Singhvi and Tiwari sought time to register their response to the issue, stating that the response of the accused should be seen on the issue of transfer of tests outside the state.
Shankaranarayanan presented that when a former Chief Minister of the state was involved in a criminal case, the case was shifted to Karnataka and the court could also think on that line.
The bench said that it would look into it and a chart of prominent lawyers presented by Shankaranarayanan would be appointed as special public prosecutors.
It also asked the state government counsels to present some names, which can be appointed as a special public prosecutor.
The apex court on March 28, challenging the order of the Madras High Court, heard a petition filed by Y Balaji, in which the arguments were rejected against several charge sheet clubs in cases related to the alleged scam.
On July 30, Balaji, calling Balaji a case related to the “useless ship”, said that a cricket stadium would require a cricket stadium to prosecute cases related to the cash-for-Job scam, where more than 2,000 people have been implicated as accused.
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It had pulled the Tamil Nadu government to accuse so many persons as an accused, questioned whether they are suffering or suffering and sought details of the accused and witnesses.
The apex court had said that it appears to be India’s most populous case with 2,000 accused and 500 witnesses and that a small court room would not be sufficient.
Balaji resigned from the state cabinet led by MK Stalin on 27 April after being pulled by the apex court.
On 23 April, the Apex court excepted the fact that Balaji was restored as a minister, when he obtained bail in the money laundering case related to the alleged cash-for-Jobs scam.
On 26 September 2024, the apex court granted Balaji bail in a case investigated by the Enforcement Directorate.
With the spending more than 15 months in Balaji Jail, the apex court saw no possibility that the test would end in the near future.