Senthil Balaji, ED and Supreme Court
The Supreme Court on Tuesday refused to entertain the medical bail plea filed by Tamil Nadu Minister and Dravida Munnetra Kazhagam (DMK) leader V Senthil Balaji in connection with his arrest in a ‘cash-for-jobs’ money laundering case [V Senthil Balaji vs Deputy Director, Directorate of Enforcement].
A bench of Justices Bela M Trivedi and Satish Chandra Sharma today said that the Court found out from Google that the medical condition cited by Balaji did not appear serious enough to merit his release on medical bail.
“I had checked on the Google. It says it can be cured,” Justice Trivedi said.
The Court also orally observed that Balaji could file a regular bail plea instead.
Balaji was arrested by the ED on June 14 this year in connection with alleged irregularities in the appointment of bus conductors in the Tamil Nadu transport department, as well as the appointment of drivers and junior engineers.
The charges are from the time of his tenure as the transport minister during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.
Not long after his arrest, Balaji was admitted to a State-run hospital by the ED after he complained of chest pain and uneasiness after his arrest.
He was then shifted to a private hospital where he underwent a bypass surgery. He was thereafter sent to prison. He then moved plea for bail on medical grounds.
The Madras High Court dismissed his medical bail plea in October, leading to the instant appeal before the apex court.
“This person had a bypass,” Senior Advocate Mukul Rohatgi argued on Monday before Supreme Court while pressing for the grant of bail to Balaji.
“(It) does not seem to be very serious,” the Court responded.
“It can lead to a brain stroke. Please see,” Rohatgi urged.
“I had checked on the Google. It says it can be cured …,” Justice Trivedi pointed out, in turn.
“I have placed Google in front of your lordships. Chronic stroke …” Rohatgi said.
However, the Court said it was not inclined to grant bail.
The investigation into the matter is also ongoing, the Court further noted.
“The man is sick. He has had bypass,” Rohatgi persisted.
“Nowadays, bypass is like appendicitis,” the Court replied.
Rohatgi continued to urge the Court, pointing out that the deciding factor would be whether Balaji is sick.
At this juncture, Solicitor General Tushar Mehta chimed in to say the many others could press for their release on bail if the only factor deciding medical bail was whether a prisoner was sick or not.
“70% (of arrested accused persons) would be sick then,” Mehta got.
“You (Balaji) file for regular bail on merits. We are not satisfied on medical bail,” the Supreme Court eventually remarked.
Rohatgi then said that he would withdraw the medical bail plea before the top court and approach the trial court for regular bail.
However, he also registered objections to certain remarks made earlier by the Madras High Court regarding Balaji being a “flight risk” since his brother had been absconding.
“For my brother, I cannot be made to pay for his sins. I will withdraw but these observations should not come in my way,” Rohatgi argued.
The top court recorded the same in its order.
“Plea is dismissed as withdrawn. Any observations in impugned order shall not come in the way of the regular bail application, to be considered in accordance. All contentions left open,” the order said.
