Subscribe Now! Get features like
Chennai
The Madras high court on Thursday denied bail to Tamil Nadu minister V Senthil Balaji , agreeing with the Enforcement Directorate (ED) that there is a possibility of the Dravida Munnetra Kazhagam (DMK) leader influencing the witnesses and that the trial could be derailed since his brother, a prime suspect in the cash-for-jobs money laundering case, has refused to appear for questioning.
The ED argued that the DMK government retaining Balaji as a minister without portfolio in the cabinet shows the “depth of his influence”, and that his brother Ashok Kumar is “still at large”.
The federal agency said the minister does not pass a “triple test” for granting bail under relevant provisions of the law – flight risk causing impediment in progress of trial, influencing witnesses, and tampering with evidence. His health is not in grave danger and the prison can give required medical care, the ED added.
“The health report of the petitioner does not appear to be a medical condition which could be taken care only if he is released on bail,” justice G Jayachandran said in his order. “That apart, his past conduct, his present position as minister without portfolio and the abscondence of his brother Mr Ashok Kumar, coupled with the attack on the Income Tax officials, all cumulatively lead to an irresistible conclusion that, certainly, he will directly and indirectly influence or cause deterrence to witnesses, if released on bail.”
The ED had arrested Balaji on June 14 under the Prevention of Money Laundering Act (PMLA), 2002 in a case dating back to 2014 when he was transport minister under the AIADMK government. After his arrest he was hospitalised for chest pains and subsequently underwent a heart surgery at a private hospital. He was discharged on July 17 and has since been jailed in the Puzhal central prison. Chief minister M K Stalin reallocated his portfolios (electricity, excise and prohibition).
Last week on October 10, Balaji complained of chest discomfort, headache and numbness on his left leg and he was brought to Chennai’s government Stanley hospital and sent back to the prison hospital on the same day.
Senior counsel N R Elango appearing for Balaji submitted that he is seeking bail on the grounds of sickness and not on merit. Citing provisions under section 44(1)(ii) of PMLA and Section 437/439 of the CrPC which deals with granting bail on the ground of sickness, he argued that the health condition of Balaji necessitated bail.
Additional solicitor general ARL Sundaresan, representing the ED, contended that though the medical reports indicate that Balaji is ‘sick’, his ailment is such that the required medical care is available in prison. The provision under PMLA quoted by Elango cannot be resorted to in all cases of sickness, said Sundaresan, adding that it can be exercised only in case the sickness is so grave that it is life threatening and cannot be treated either in the prison hospital or a government hospital. “In the case of this petitioner, a team of eminent doctors of Government Stanley Hospital has examined him and has not reported any alarming health issue which will endanger his life,” he argued.
He added that the minister does not satisfy the triple test under relevant provisions of the CrPc since he is a minister without portfolio despite being in prison, the non-cooperation of his brother Ashok Kumar who is still “at large” and tampering with evidence which cannot be “ruled out”.
After listening to both submissions, justice Jayachandran agreed with the ED. “The non-cooperation of the co-accused Ashok Kumar, who is blood brother of the petitioner, also justifies the apprehension of Enforcement Directorate that there is flight risk causing impediment in progress of trial,” the court said. “For the above reasons, this court is not inclined to grant bail to the petitioner.”
The agency had summoned Kumar four times since June and said in August that he “never joined the investigation and has refused to appear before ED in response to the summonses citing frivolous inconsequential excuses.” His wife Nirmala and mother-in-law P Lakshmi have also “not complied” with four individual summonses, ED said adding that “evidence indicates that all three individuals have played pivotal roles in layering and integrating the proceeds of crimes”.
Divya Chandrababu is an award-winning political and human rights journalist based in Chennai, India. Divya is presently Assistant Editor of the Hindustan Times where she covers Tamil Nadu & Puducherry. She started her career as a broadcast journalist at NDTV-Hindu where she anchored and wrote prime time news bulletins. Later, she covered politics, development, mental health, child and disability rights for The Times of India. Divya has been a journalism fellow for several programs including the Asia Journalism Fellowship at Singapore and the KAS Media Asia- The Caravan for narrative journalism. Divya has a master’s in politics and international studies from the University of Warwick, UK. As an independent journalist Divya has written for Indian and foreign publications on domestic and international affairs.
HC junks Balaji’s plea in money laundering case – Hindustan Times
Leave a comment