SC apprehends 'pressure' on witnesses after DMK's Senthil Balaji becomes minister
New Delhi (PTI): Expressing its concern over the appointment of DMK leader V Senthil Balaji, as a minister in the Tamil Nadu government days after he was granted bail in the money laundering case related to the cash-for-job scam, the Supreme Court on Monday agreed to examine a plea raising apprehensions on independence of witnesses in the case.
A bench of Justices Abhay S Oka and Augustine George Masih, however, refused to interfere with the September 26 order of the apex court granting bail to Balaji on a plea filed by one of the complainants seeking its cancellation.
"We granted you bail and days after you go and become minister. Anybody will be bound to be under the impression that now with your position as a senior cabinet minister, witnesses will be under pressure. What is this going on?" the bench asked senior advocate Mukul Rohatgi, appearing for Balaji.
The bench, however, said it would not recall the September 26 order as the law laid down by the apex court was benefitting several other persons.
Justice Oka further said the court would not issue any notice in the matter but limit the scope of enquiry to whether the witnesses would be "under pressure" to depose in the case.
"The apprehension is that considering the seriousness of allegations against the second respondent (Balaji) in the predicate offences, the witnesses may not be in the frame of mind to depose against the second respondent who is holding the position of cabinet minister. This is the only aspect on which prima facie we are inclined to consider the application, and while making it clear that there is no reason to interfere with the judgement on merits and adjudication of the application remains confined to the aforesaid," the bench wrote in its order.
It asked Balaji's counsel Ram Sankar to get instructions and posted the matter on December 13.
The bench noted the current plea, filed by one of the complainants K Vidhya Kumar, was based on the apprehension that immediately after the grant of bail, Balaji was appointed a cabinet minister.
On October 25, in another matter related to Balaji, the top court was informed that a petition seeking review of an order of bail to Balaji in the case had been filed.
The top court granted bail to DMK strongman Balaji on September 26, in the money laundering case after over 15 months, noting there was no possibility of the completion of trial in the near future.
On September 30, the top court directed the Madras High Court chief justice to appoint another judge for the trial against Balaji.
Balaji, 48, was sworn in as a minister by Tamil Nadu Governor R N Ravi on September 29 and was assigned the same key portfolios -- electricity, non-conventional energy development, prohibition and excise -- he held previously in the Chief Minister M K Stalin cabinet.
The ED arrested Balaji, representing Karur assembly constituency, on June 14, 2023, in the case, when he was the transport minister during the previous AIADMK regime between 2011 and 2015.
On February 13, the TN Governor accepted Balaji's resignation from the council of ministers. The top court reprieve on September 26, ended his 471-day incarceration.
The Enforcement Directorate filed a case of money laundering in July 2021 to probe the allegations after three FIRs were registered by the Tamil Nadu police in 2018 and on the basis of complaints by those aggrieved of the alleged scam.
The agency's chargesheet claimed the entire recruitment process in the Tamil Nadu transport department during the tenure of Balaji as minister was turned into a "corrupt chiefdom", and the scam was executed under his authority.
Being a public servant, Balaji "misused" his official capacity as the then transport minister and obtained pecuniary benefits by corrupt and illegal means and directly acquired the proceeds of crime, generated out of a criminal activity related to a scheduled offence, the agency alleged.
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Trump says EU has until July 4 to approve last year's trade deal or it will face higher tariffs
Washington (AP): President Donald Trump has said in a social media post that goods from the European Union would face higher tariff rates if the 27-member bloc fails to approve last year's trade framework by July 4.
The announcement on Thursday appeared to be a deadline extension after the president said last Friday that EU autos would face a higher 25 per cent tariff starting this week. Trump made the updated announcement after what he described as a "great call" with European Commission President Ursula von der Leyen.
Still, the US president was displeased that the European Parliament had yet to finalize the trade arrangement reached last year, which was further complicated in February by the US Supreme Court ruling that Trump lacked the legal authority to declare an economic emergency to impose the initial tariffs used to pressure the EU into talks.
"A promise was made that the EU would deliver their side of the Deal and, as per Agreement, cut their Tariffs to ZERO!" Trump posted. "I agreed to give her until our Country's 250th Birthday or, unfortunately, their Tariffs would immediately jump to much higher levels."
It was unclear from the post whether Trump was implying that the tariff rates would jump on all EU goods or the increase would only apply to autos.
His latest statement indicates he might be backing away from his earlier threat on EU autos by giving the European Parliament several more weeks to approve the agreement.
Under the original terms of the framework, the US would charge a 15 per cent tax on most goods imported from the EU.
But since the Supreme Court ruling, the administration has levied a 10 per cent tariff while investigating trade imbalances and national security issues, aiming to put in new tariffs to make up for lost revenues.
