Former Tamil Nadu minister V. Senthil Balaji has approached the Supreme Court seeking expungement of critical observations made against him in its 2022 judgment that reinstated criminal complaints in the infamous cash-for-job scam, arguing that such remarks could prejudice his ongoing trial and undermine his right to a fair trial under Article 21 of the Constitution.
The plea stems from the apex court’s order dated September 8, 2022, which had overturned a Madras High Court ruling that quashed criminal complaints against Balaji following alleged settlements between the parties. The Supreme Court had then found prima facie evidence of corruption during Balaji’s tenure as transport minister and held that cases involving abuse of official position cannot be treated like civil disputes settled through refunds.
In strong language, the top court had stated: “Even a novice in criminal law would not have left the offences under the PC Act out of the final report,” adding that the investigation officer appeared “willing to strike but afraid to wound.” It also criticised the state’s selective handling of the probe, saying the entire scam merited a comprehensive investigation and not piecemeal scrutiny.
Balaji, in his latest plea, contends that such sweeping remarks could influence the trial court’s assessment and compromise his right to an impartial adjudication. His counsel argued that the tone and findings in the 2022 order were tantamount to a premature pronouncement of guilt.
This legal move comes in the backdrop of earlier apex court interventions concerning Balaji’s role in the case. On April 23 this year, the Supreme Court had warned Balaji to choose between retaining his ministerial position and his freedom, cautioning that failure to resign could lead to cancellation of bail. He stepped down from the M.K. Stalin cabinet on April 27, days after the court’s rebuke.
Balaji, 48, was re-inducted into the cabinet on September 29, 2024 — just three days after securing bail — and controversially reassigned the same portfolios he held before: electricity, non-conventional energy, prohibition and excise. This reappointment had drawn criticism from the judiciary, especially given that Balaji had spent over 15 months in jail in connection with a money laundering case arising from the alleged scam.
The Enforcement Directorate had initiated the probe in July 2021 based on three FIRs registered in 2018, alleging that the entire recruitment in the state transport department during Balaji’s 2011–2015 tenure under the AIADMK regime functioned as a “corrupt chiefdom.”
With his plea now before the Supreme Court, Balaji seeks to clear what he perceives as prejudicial overreach in a pending criminal matter. The court is yet to fix a date for hearing the request to expunge the remarks.
