The Madras High Court observed that the continuation of V Senthil Balaji as a Minister without Portfolio in the MK Stalin-led Tamil Nadu cabinet will serve no purpose. The bench said it does not bode well for the ideals of good governance and purity in administration. When deciding on the petitions brought forth by two advocates and former AIADMK MP Dr. J. Jayavardhan, the first bench, which was made up of Chief Justice S. V. Gangapurwala and Justice P. D. Audikesavalu, made the observation.
The Chief Minister of Tamil Nadu may be well advised to take a decision about the continuance of V Senthil Balaji (who is in judicial custody) as a Minister without portfolio in the state cabinet, as it serves no purpose and does not augur well with the principles of Constitutional ethos on goodness, good governance and purity in administration, the HC bench stated, as per news agency PTI.
Earlier, the Madras High Court on Monday directed Principal District Session Court in Chennai which is the designated special court for hearing cases registered under the Prevention of Money Laundering Act (PMLA) to hear the bail petition of Tamil Nadu Minister V Senthil Balaji at the earliest. The Minister without portfolio Senthil Balaji is currently lodged in Puzhal prison after his arrest by the Enforcement Directorate in connection with cash-for-jobs scam. The direction of the court came after a crisis over the jurisdiction of the trial proceedings.
On Monday, a division bench of Justices R Suresh Kumar and K Kumaresh Babu provided the directive while disposing a petition filed by Balaji challenging the orders of principal district judge and MP-MLA special court in which they returned the bail application due to the want of jurisdiction.
Justices Kumar and Babu also overturned the principal sessions judge's decision to transfer the money laundering case to the special court for the sole purpose of hearing cases against MPs and MLAs.
The High Court ruled that the Principal District Judge in Chennai has to hear and decide on Balaji's bail petition. It ordered the principal district judge to withdraw the transfer of case and dispose of the bail application after promptly hearing both sides of the bail application.
According to PTI, the bench said, "We feel that the very transfer of the case or made over made by the Principal Judge, Chennai by transferring the case papers to the Special Court for trial of cases exclusively against MLAs and MPs is not in consonance with section 43(1) of the PMLA...the bail application filed by the petitioner, in our considered opinion, has to be heard and disposed only by the Principal Judge, Chennai".
On June 14, Minister Balaji was taken into custody after being questioned by the ED over a money laundering case. The alleged corruption had taken place while he served as the transport minister for AIADMK government from 2011 to 2015.