Скачать или смотреть What is an Excellent Judgment for Bail Cases: Sr. Adv Sibal Argues Senthil Balaji vs Vidhya Kumar

The Supreme Court (Bench: Justices Surya Kant and Joymalya Bagchi) refused to entertain Balaji’s plea to expunge or clarify the earlier remarks.

The court emphasized that the earlier observations reflect the “mind of the court”, and even though the written order did not explicitly bar Balaji from becoming minister, the warning was clear:
“Court has not prevented you from becoming minister… but the day you become minister and we find you influence witnesses, we will recall the bail order.”

The court also dismissed the plea as misconceived, saying the language of the earlier order was already clear enough and needed no further modification.
During the hearing, the bench suggested transferring the trial outside Tamil Nadu (for example, to Delhi) to avoid local pressures and to ensure fair proceedings.

The court issued notice on a petition to club multiple chargesheets in the cash-for-jobs case (to combine related proceedings) and asked the State of Tamil Nadu to respond.

In the course of arguments, Balaji’s counsel (Kapil Sibal) contended that the observations were not part of the formal order and thus should not carry binding effect; he also argued that an injunction preventing a ministerial post cannot be imposed while a person is not convicted.

However, the bench noted that there are already allegations (in pleadings) that Balaji may influence or compromise witnesses, and that the bail was granted not on merits, but because of significant delay in trial.

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Mr. Pradeep Rai is the Chairman of Public International Law Committee and Senior Advocate of the Supreme Court. Mr. Rai has over 26 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. He has an experience in litigation across a wide spectrum of civil, criminal, revenue and constitutional issues. Mr. Rai is the founder of various sub-committees of the Supreme Court Bar Association that includes Grievance Committee, E-Committee, Health Committee, Bar Coordination Committee, Culture Committee and State Sub-Committee.

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