Observing that since the principal sessions courts were designated as a special court for trying Prevention of Money Laundering Act (PMLA) cases, the Madras High Court on Monday, 4 September, directed the Principal Sessions Court in Chennai to conduct the trial in the money laundering case against Balaji and take up his bail application for adjudication.
It added that it could not transfer the case against Tamil Nadu minister Senthil Balaji to the special court for cases against MPs and MLAs.
Take back case papers, HC tells sessions judge
A division bench comprising Justices R Suresh Kumar and K Kumaresh Babu ruled that whatever the case had been laid against anyone punishable under Section 4 of the PMLA had to be tried by the special court for PMLA cases constituted or designated under Section 43 (1) of the Act.
Further, the bench observed, “The territorial jurisdiction of the case in hand is also Chennai and it comes under the jurisdiction of the Principal Sessions Judge of Chennai. Naturally, the said case — since the alleged offence is to be punishable under Section 4 of PMLA — has to be tried by it.”
The bench added, “Therefore, the bail application, also in our considered view, has to be heard and disposed of only by the Principal Sessions Judge, Chennai.” It further directed the special court for PMLA cases to take up the bail application at the earliest.
Further, setting aside the earlier order of the Principal Sessions Judge transferring the PMLA case against Balaji to the special court for MP/MLAs, the Madras High Court directed the judge to take back the case papers from the special court for MP/MLAs cases.
Also read: Special court extends custody of Senthil Balaji till 15 September
Shuttling between courts
Last week, when Senthil Balaji filed his bail petition before the Principal Sessions Court, Judge S Alli refused to entertain the plea. She stated that the special court for cases against MPs and MLAs alone could hear his bail plea.
Further, the judge passed an order transferring the case to the special court and instructed Balaji’s counsel to submit the bail plea before it.
Subsequently, when the case was mentioned before the special court, its judge Ravi refused to hear the case, stating that his court had no jurisdiction and power to hear the cases registered under the Prevention of Money-Laundering Act.
The judge also instructed Balaji’s counsels to approach the Madras High Court and to obtain an order to adjudicate Balaji’s case.
Also Read: ‘Bank statements of Senthil Balaji, wife show huge cash deposits’
Latest details of the case
“Senthil Balaji continuously and meticulously monitored and executed a job racket scam,” the Enforcement Directorate (ED) stated in the charge sheet filed on 12 August against the minister in the cash-for-jobs scam.
Following the prosecution complaint, filed under various sections of the PMLA on 12 August before a special court in Chennai, the ED also served Balaji with a copy of the charge sheet on 28 August.
The ED, in the charge sheet, stated that the entire recruitment process in the Tamil Nadu Transport Department during the tenure of Senthil Balaji as its minister was turned into a “corrupt chiefdom” and the cash-for-jobs scam was executed under his authority.
Balaji played a “pivotal and central” role, “exploiting” his official capacity as the transport minister for personal gains through corrupt and illegal means, the charge sheet claimed.
“The whole recruitment in the Transport Department during the tenure of the then-minister V Senthil Balaji has turned into a corrupt chiefdom, in which, as per the illegal directions of the chief (Senthil Balaji), the recruitment process was designed and implemented,” the ED alleged in the charge sheet.
Lodged in Puzhal Central Jail in Chennai, Balaji is now a minister without portfolio in the MK Stalin-led Tamil Nadu Cabinet, and his judicial custody has been extended till 15 September.
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