‘Illness not serious’: SC refuses to entertain Senthil Balaji’s plea seeking medical bail

The Supreme Court on Tuesday, November 28, refused to grant bail on medical grounds to jailed Tamil Nadu Minister Senthil Balaji. He was arrested for his alleged role in the notorious cash-for-jobs scam. A bench of Justices Bela M Trivedi and Satish Chandra Sharma observed that a Google search indicated that the illness of Senthil Balaji was not so serious as to be hospitalised. The apex court was hearing a special leave petition filed by Senthil against an order passed by the Madras High Court refusing to grant him bail on medical grounds. Following this, the Minister withdrew his petition and the court said that he can move for a regular bail.

Senior Advocate Mukul Rohatgi, appearing for the Minister, argued that Senthil had undergone a bypass surgery and was susceptible to suffer from a stroke. To this, the bench responded by saying, "I checked on Google. It says that this can be cured by medication. There's nothing as such that's serious, otherwise we would have seriously considered it… 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 Rohatgi. At this, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), retorted, “70% of inmates would be sick if we go by only sickness.”

Sensing the disinclination of the top court to release Senthil Balaji on medical bail, Rohatgi 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.

Rohatgi 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 Dravida Munnetra Kazhagam (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 had refused to release the DMK leader on bail accepting the contention raised by the ED that Balaji is an influential person who could tamper with the 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 Balaji underwent a major by-pass surgery in June this year at Chennai’s Cauvery Hospital and is still under medication, all during the custody period. "Despite the medications that are being taken under the care of Puzhal Prison Hospital, his recovery is very slow and he is 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.

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 All India Anna Dravida Munnetra Kazhagam (AIADMK) government.

Read: Explained: The transport job scam that TN Min Senthil Balaji has been arrested for

(With IANS inputs)

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