'Won’t Touch A Single Word': SC Declines To Expunge Remarks Against Ex-TN Minister Senthil Balaji

New Delhi: The Supreme Court on Monday declined to expunge its remarks against former Tamil Nadu minister Senthil Balaji, in its September 2022, order restoring criminal complaints and other verdicts against him in the cash-for-job case.

The matter came up for hearing before a bench comprising Justices Surya Kant and Joymalya Bagchi. The bench deplored the practice of filing pleas for modification of orders after retirement of judges who penned such verdicts. Questioning Balaji's conduct, the bench said he filed the applications after a gap of two years for modification of the verdicts when both judges had retired.

The bench said it would not modify or "touch a single word" in the 2022 order or any judgement in the case. "We will not expunge anything, we will not touch a single word in the order and we are not going to touch or modify any judgment…", it said.

Justice Kant said he does not approve of the practice of filing an application after the judges who passed the order or verdict was as bad as forum shopping. "These applications can be dismissed on this ground alone," said Justice Kant.

Senior advocate Kapil Sibal, appearing for Balaji, requested the bench to say its observations should not influence the trial in the case. The bench said the adverse remarks made against Balaji would not have a bearing on the pending proceedings before the trial court. "Applications are disposed of with a clarification that the observations shall have no bearing on the pending trial," the bench ordered.

Senior advocate Gopal Sankaranarayanan, representing one of the victims in the case, contended that in the matter relating to challenges against clubbing of the FIRs, top five accused persons in the cases were the ex-minister and his close aides, aside from 25 officials and the rest being other accused persons (bribe givers).

The counsel submitted that a status report in the case indicated over 350 witnesses yet to be examined in the case. The bench said it would hear in detail the plea challenging clubbing of the FIR on August 13.

The applications were moved for expunging the remarks relate to a verdict allowing the ED to probe against Balaji while quashing a Madras High Court order for a fresh investigation, a September 2022 decision restoring the trial against him, and last year's order refusing to cancel his bail in the money laundering case. On April 27, Balaji resigned from the M K Stalin-led state cabinet after the top court on April 23 asked Balaji 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.