The Supreme Court of India on Monday refused to expunge any remarks made in earlier judgments involving former Tamil Nadu Minister V. Senthil Balaji in connection with the alleged cash-for-jobs scam. However, the Court clarified that such observations should not influence the outcome of ongoing criminal trials against him.
A Bench comprising Justices Surya Kant and Joymalya Bagchi made it clear:
“We will not touch a single word of the judgment. We will only clarify that the observations will have no bearing on the trial. This is a basic principle of criminal jurisprudence.”
Senior Advocate Kapil Sibal, appearing for Balaji, initially sought removal of certain remarks made in three separate judgments but ultimately restricted his request to seeking a clarification that the trial court should remain uninfluenced by the earlier observations. The bench accepted this limited request and disposed of the miscellaneous applications accordingly.
Justice Kant also questioned the timing of Balaji’s applications, noting that they were filed almost two years after the judgments and after both judges who authored them had retired — a practice the judge had earlier compared to forum shopping and bench hunting.
Despite this, since Balaji’s counsel dropped the demand for expunction, the Court recorded its clarification that prior judicial comments will not affect the trial.
Connected Plea to be Heard on Maintainability
In a related matter (MA 1185/2025), the Court said it would first hear the parties on whether the application was maintainable before deciding further.
Judgments in Question
The three applications related to:
1. May 2023 judgment allowing the Enforcement Directorate (ED) probe against Balaji and setting aside a Madras High Court order for fresh investigation.
2. 2022 decision in P. Dharamaraj v. Shanmugam, restoring criminal complaints in the cash-for-jobs case and observing there was evidence of corruption in Transport Corporation appointments during Balaji’s tenure as minister.
3. An order refusing to cancel his bail in the ED’s money laundering case connected to the scam.
Balaji specifically expressed concern that remarks in paragraphs 45 and 46 of the P. Dharamaraj judgment might prejudice the trial court.
Background of the Case
The controversy stems from a 2018 complaint alleging that Balaji and others took bribes from job aspirants in exchange for appointments in the Metro Transport Corporation (MTC) during his tenure as Transport Minister (2011–2015). He was booked under IPC sections 406 (criminal breach of trust), 420 (cheating), and 506 (criminal intimidation).
While the Madras High Court quashed the cheating case in 2021 citing a settlement with alleged victims, the Supreme Court in 2022 restored the complaints, stating that serious corruption allegations cannot be quashed merely due to refund offers.
In 2023, the apex court permitted the ED to investigate Balaji, leading to his arrest in June 2023. Although granted bail in September 2024 to safeguard his Article 21 rights, the Court later noted concerns about his return to ministerial office and potential influence over witnesses. In April 2025, the Supreme Court refused to cancel his bail but cautioned that his release was not on merits.
Case References
1. V. Senthil Balaji v. Y. Balaji & Ors., MA 1189-1191/2025 in Crl.A. No. 1671-1673/2023
2. V. Senthil Balaji v. P. Dharamaraj & Ors., MA 1195/2025 in Crl.A. No. 1514/2022
3. V. Senthil Balaji v. K. Vidhya Kumar & Ors., MA 1185/2025 in MA 2454/2024 in Crl.A. No. 4011/2024
