Cash-for-jobs case: Supreme Court grants bail to former Tamil Nadu Minister Senthil Balaji

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New Delhi: Reiterating that bail is the rule and jail exception even in cases under stringent statutes, the Supreme Court on Thursday granted bail to former Tamil Nadu minister Senthil Balaji who was arrested by Enforcement Directorate in an alleged cash-for-jobs scam.

A bench of justices AS Oka and Augustine George Masih said that at this stage, it “will be very difficult” to hold that there is no prima facie case against Balaji under the Prevention of Money Laundering Act (PMLA).

But the top court added that Balaji has now been incarcerated for around 15 months and that the trial was not likely to end in even three or four years. SC ruled that if Balaji’s detention is continued, it will amount to infringement of his fundamental right under Article 21 of the Constitution of India.

The court also said that constitutional courts cannot allow provisions of the Prevention of Money Laundering Act to become instruments in the hands of ED to continue incarceration for a long time.

The court ruled that when the trial under PMLA is likely to prolong beyond reasonable limits, the constitutional courts will have to consider exercising their powers to grant bail.

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