Ex-min Senthilbalaji urges SC to expunge remarks in 2022 order
to expunge certain remarks in its Sept 2022 order restoring criminal complaints against him in the cash-for-job scam.
On Sept 8, 2022, the top court set aside the
order quashing complaints against the former minister on the basis of settlement between parties.
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The top court said there was evidence of corrupt practices to secure employment in the Transport Corporation during Senthilbalaji's tenure as minister in the Tamil Nadu government (during 2011-2015) and set aside the high court's order saying that the court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder.
Senthilbalaji said the observations made in the Sept 8, 2022 verdict could influence the trial court in the case and affect his right to fair trial.
The top court observed in its 2022 verdict, "We are constrained to say that even a novice in criminal law would not have left the offences under the PC Act, out of the final report. The attempt of the IO (investigating officer) appears to be of one 'willing to strike but afraid to wound'."
It said the state ought to have undertaken a comprehensive investigation into the entire scam, without allowing the accused to fish out one case as if it was a private money dispute.
Senthilbalaji contended the trial court was likely to be prejudiced since the top court made the observations against him and it would be a violation of his right to free and fair trial under Article 21 of the Constitution.
On April 27, Senthilbalaji resigned from the M K Stalin-led state cabinet after being pulled up by the top court.
The apex court on April 23 asked Senthilbalaji to make a choice "between post and freedom" as it warned him of cancelling bail if he did not step down as minister in Tamil Nadu. PTI
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