Former Tamil Nadu Minister Senthil Balaji has approached the Supreme Court seeking the removal of certain remarks made in a previous judgment, citing concerns that they could adversely affect his right to a fair trial.

In his application, Balaji has requested the Supreme Court to expunge specific observations made in its September 2022 verdict in the case P. Dharamaraj v. Shanmugam. This judgment had reversed an earlier decision by the Madras High Court which had quashed criminal complaints related to the alleged cash-for-jobs scam, based on a settlement between the parties involved.

The apex court, while restoring the complaints, had observed that there appeared to be material suggesting corrupt practices during Balaji’s tenure as the Transport Minister between 2011 and 2015. It ruled that serious offences like corruption cannot be set aside merely because an accused offers to return the money. Consequently, the Court found the High Court's reasoning wanting and reinstated the criminal complaints.

In his current application, Balaji has expressed apprehension that the observations made in paragraphs 45 and 46 of the 2022 judgment could impact the impartiality of the trial court. He contends that these comments may compromise his right to a fair trial, especially since he is facing independent proceedings under both the Prevention of Corruption Act and the Prevention of Money Laundering (PMLA) Act.

He has submitted before the Court that:“The Applicant humbly submits that the observations made by this Hon'ble Court in paragraphs 45 and 46 would not allow the Applicant to have a fair trial if the same stand. Not only would the same be used by the prosecution to sway the Ld. Trial Court against the Applicant, it also has the effect of demoralizing the present Applicant and creating an apprehension that the trial would find its course only as an empty formality.”

Additionally, he pointed out that :“Further, it is most respectfully submitted that since the observations are from this Hon'ble Court, the Ld. Trial Court is likely to be prejudiced against the present Applicant during the trial, which is likely to, in the humble submission of the Applicant, violate his right to free and fair trial guaranteed under Article 21 of the Constitution of India.”

Balaji, who was arrested by the Enforcement Directorate (ED) in June 2023 in connection with a money laundering probe linked to the scam, was later granted bail by the Supreme Court in September 2024. However, his swift return to ministerial office following his release drew criticism, prompting both the ED and a petitioner to file pleas in the apex court seeking cancellation of his bail on grounds that he was attempting to influence witnesses.

In response, the Supreme Court conveyed its displeasure and warned Balaji that he must choose between holding public office and retaining his personal liberty. Following this warning, he resigned from his position as a Minister in the Tamil Nadu government.

Case Details: V. Senthil Balaji v. P. Dharmaraj 

(Miscellaneous Application in Criminal Appeal Nos. 1514 – 1516 of 2022)