SC stays arrest of ex-TN minister Senthilbalaji in Tasmac graft case, sets conditions
The Supreme Court on Friday ordered that the arrest of V. Senthilbalaji, former Tamil Nadu Minister for Prohibition, Electricity and Excise, in a corruption case registered by the Directorate of Vigilance and Anti-Corruption (DVAC) "remain stayed". The order grants temporary relief to the former DMK leader, who had approached the apex court within hours of the Madras High Court dismissing his bail application on July 30.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi rejected the State's contention that Mr. Senthilbalaji might influence witnesses or tamper with evidence if not taken into custody. Justice Bagchi observed that there had been a "significant change in the political climate now", as the State was "no longer under the so-called malefic influence of the petitioner". The Chief Justice also remarked that the State need not fear the former Minister's attempts to influence the probe.
The matter was initially listed before a three-judge Bench, but Justice V. Mohana recused herself from hearing the case. The Division Bench of Chief Justice Kant and Justice Bagchi reconvened at 1 p.m. and issued formal notice to the State while granting the interim protection.
The court imposed several conditions on Mr. Senthilbalaji, including surrendering his passport to the investigating officer, refraining from influencing witnesses, and cooperating fully with the investigation. The State was given liberty to approach the court for removal of the protection against arrest at the "slightest hint" of any wrongdoing by the former Minister.
Senior advocate Kapil Sibal, leading the defence, said the "State's enthusiasm speaks volumes". He termed the case "strange", noting that the FIR was registered on July 28 on the basis of an affidavit filed by the Directorate of Enforcement (ED) in the Supreme Court two years ago. The alleged events are said to have occurred between 2021 and 2025, when Mr. Senthilbalaji held a ministerial portfolio.
The Chief Justice questioned the DVAC on the need to arrest the former Minister, pointing out that the State was now the custodian of records and that the case was "broadly based upon documentary evidence". He asked whether a preliminary inquiry had been conducted and a prima facie case established before the FIR was registered.
Senior advocate Guru Krishnakumar, appearing for the State, along with senior advocates Siddharth Dave and Tamil Nadu Additional Advocate-General Haripriya Padmanabhan, argued that Mr. Senthilbalaji had successfully stalled investigations throughout his tenure in power. He warned that any further delay could result in evidence disappearing and opposed grant of anticipatory bail in a serious corruption case, describing the matter as a "huge scam". He accused the former Minister of trying to take advantage of a delay he had himself caused.
Rejecting these submissions, the Chief Justice said jail would not serve anybody's purpose. "Hold a scientific, objective, independent investigation. Find out the truth. If he is guilty, he will have to face the consequences. No one should escape," he observed. Justice Bagchi assured the State that the court would ensure Mr. Senthilbalaji did not "jump the investigation and go out of the country". "If there is any breach or perception of breach, please come to us," he added.
The FIR accuses the former Minister and then officials of Tamil Nadu State Marketing Corporation Limited (Tasmac) of abusing their official positions and entering into a criminal conspiracy. Mr. Senthilbalaji, represented by senior advocates Mukul Rohatgi and Amit Anand Tiwari, had appealed to the Supreme Court after the Madras High Court concluded that the allegations warranted his custodial interrogation.
The Supreme Court has not yet issued a final order on the matter, and the case will be heard further after the State responds to the notice.
