A bench of judges Surya Kant and Joymalya Bagchi rejected the affirmation of Balaji, advanced by the main lawyer Kapil Sibal, the representative, that this court never said anything about his ministry.
“We do not read the order or cannot read the order as an injunction on you by becoming Minister. However, if the state atmosphere is assigned by you becoming a minister or by organizing a power station, we must ensure that the justice program prevails,” said the bench.
Sibal said that there had not been a word in the order of April 28 on the fact that Balaji becomes Minister and that he cannot be injured by the court to become minister when he is prosecuted.
Justice Kant asked Sibal explaining why the clarification request was made after the judge of the Supreme Court of judge Abhay S Oka, who asked him to resign from his post as Minister of the Government of Tamil Nadu, retired.
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The solicitor General Tushar Mehta, appearing for the management of the law application, also questioned the request calendar and declared that he was not in good taste.
Judge Kant told Sibal, “This court did not prevent you from taking over the post of minister and that cannot prevent you. But after being noted that by becoming a minister only after obtaining a deposit, you exert a certain influence in the trial, the court declared that it is better to go to prison”.
Sibal stressed that it was perhaps in the spirit of the court, but that was not reflected from the order and therefore this request was filed.
Judge Bagchi said there were allegations of influence and that the court concluded that it was correct.
Mehta and the main lawyer Gopal Sankaranarayan, compared for the victims of the scam, took the bench by sequence of orders placed in the case and declared that the court on April 23 had given an ultimatum to Balaji and asked him to make a choice “between the post and the freedom” because that had warned him of the cancellation of the liberation of the liberation of the liberation if No minister.
Feeling the mood of the court, Sibal asked for authorization to withdraw the advocacy.
The bench allowed him to withdraw the plea to obtain clarifications.
In another case linked to Balaji, where the victims approached the court asking for the appointment of a special prosecutor, the bench asked the government of Tamil Nadu why these cases of cash scam involving the former minister and state officials were not transferred to Delhi or to another neutral place.
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The main defenders Abhishek Singhvi and Amit Anand Tiwari, comparing for the government of Tamil Nadu, opposed the suggestion of the Court saying that it will be a reflection on the judicial power of the State that nothing is done in these cases.
“We only give a suggestion that the reason why not transfer the trial to Delhi or another neutral land because the investigation is completed and only the trials remain. Witnesses can deposit practically, if necessary. This is the suggestion of the Court because each time a high -level civil servant or a minister is involved in criminal cases, allegations of influence or delay in the trial are related to being declared the bench.
Singhvi and Tiwari have asked for time to submit their answer to the question saying that the accused’s answer must be seen on the issue of the transfer of the trial outside the state.
Sankaranarayanan argued that when a former chief minister of state was involved in a criminal case, the trial was transferred to Karnataka and the court may also think of this line.
The bench said he would examine and took into account a table of the main lawyers submitted by Sankaranarayanan for being appointed special prosecutors.
He also asked the government’s councils to submit certain names that can be appointed special prosecutors.
The high -level court heard a request filed by Y Balaji, contesting the high court order of March 28, rejecting the pleadings against the clubbing of several loading costs in the affairs related to the alleged scam.
On July 30, calling for the trial involving Balaji a “ship without rudder”, the Superior Court said that a cricket stadium would be necessary to carry out prosecution in cases related to cash scam for the scam where more than 2,000 people were involved as accused.
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He had raised the government of Tamil Nadu for involving as many people and the accused, wondered if they were victims or victims and asked for details of the accused and witnesses.
The Superior Court had said that it seems that it was the most populous trial in India with 2,000 accused and 500 witnesses and that a small courtroom would not be enough.
Balaji resigned from the state cabinet led by MK Stalin on April 27 after being fired by the Superior Court.
On April 23, the Supreme Court spoke to the fact that Balaji was reinstated as minister, a few days after obtaining a deposit in a silver laundering case linked to the alleged cash scam.
On September 26, 2024, the Superior Court granted a deposit to Balaji in a case surveyed by the law enforcement department.
Balaji spending more than 15 months in prison, the senior court had observed that there was no possibility that the trial was concluded in the near future.
