‘Not satisfied with your illness’: SC refuses to entertain Senthil Balaji’s plea seeking medical bail

The Supreme Court on Tuesday refused to entertain a plea filed by jailed Tamil Nadu Minister Senthil Balaji seeking bail on medical grounds in connection with the alleged cash-for-jobs scam.

During the hearing, a bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma remarked that Balaji’s illness “could be cured with medicines also”.

“There is nothing as such serious…Nowadays, bypass is like appendicitis. Person comes home within two days. We are not satisfied with your illness,” the bench told senior advocate Mukul Rohatgi, who represented Balaji.

The condition that a “sick” or “infirm” person may be released on bail does not require a particular threshold of sickness, contended Rohtagi.

At this, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), retorted: “Seventy per cent of inmates would be sick if we go by only sickness.”

Sensing the disclination of the top court to release Balaji on medical bail, Rohtagi requested for withdrawal and sought liberty to apply for regular bail before the trial court.

“I will withdraw (the special leave petition) and I will apply for regular bail,” he said.

Rohtagi requested that the adverse observations made by the Madras High Court in its impugned order, including flight risk, should not influence the decision of the trial court.

“Any observations in impugned order against the petitioner on merits shall not come in the way of the petitioner filing regular bail application,” noted the top court in its order.

In the previous hearing, the Supreme Court had called for Balaji's latest medical reports after it was argued that the DMK leader is likely to suffer a brain stroke if not treated.

It may be recalled that a bench of Justice G. Jayachandran of the High Court refused to release the DMK leader on bail accepting the contention raised by the ED that Balaji is an influential person who could tamper evidence and influence witnesses if released from custody.

The anti-money laundering agency, which had arrested Balaji on June 14 this year, contended that retention of the accused as a minister in the state cabinet without any portfolio clearly indicates that he is highly influential.

In the special leave petition filed before the apex court, it has been contended that during the custody period, Balaji underwent a major by-pass surgery in June this year at Chennai’s Cauvery Hospital and is still under medication.

"Despite the medications that are being taken under the care of Puzhal Prison Hospital, his recovery is very slow and still suffering from chest discomfort, pain and discomfort on the left leg (surgical side). He was advised by the doctors not to sit or stand for a long time. A numbness is occurring in the legs of the petitioner often, which requires further treatment," said the plea filed through advocate Misha Rastogi.

The petition said that the High Court erroneously dismissed the bail petition filed by Balaji under section 439 of Cr.P.C read with 45(1) of PML (Prevention of Money Laundering) Act.

Before his arrest by the ED, Balaji was in charge of Power and Excise Departments in the Tamil Nadu government.

The probe agency has charged that the minister and his accomplices had taken money from gullible job seekers and promised them jobs in the state transport department during his tenure as the Transport Minister from 2011 to 2016 in the then AIADMK government.