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A bench of Justices Surya Kant and Joymalya Bagchi issued notice to the Enforcement Directorate (ED) on Balaji’s plea and sought its response within 10 days. The hearing of the case has been fixed on December 1.
Senior advocates Kapil Sibal and Narendra Hooda, appearing for Balaji, said he was seeking modification of two conditions in the bail order – one that he would have to mark his presence at the office of the ED Deputy Director in Chennai every Monday and Friday between 11 am and 12 noon and he would appear before the investigating officers of the police in three scheduled crimes related to the case on the first Saturday of every month.
Sibal said the second condition, which has been sought to be modified, is that Balaji will regularly and timely appear before 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 appeared before ED officials as directed by the court,” he said.
However, advocate Zoheb Hussain, appearing for the ED, said the bench was conscious of his conduct and the possibility of influencing witnesses.
Opposing the plea to amend the bail conditions, he said, “These conditions have ensured the smooth conduct and progress of the trial in the case.”
The bench said that at present she will not appear in the court on bail condition, but the ED can respond to the condition of her appearance before its Deputy Director and also tell whether it is absolutely necessary, in view of the fact that a charge sheet has been filed in the case.
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 in the amount of ₹25 lakh and two sureties in the 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 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.