SC raps TN govt over 2,000 accused in Senthil Balaji case
Terming the trial involving former Tamil Nadu Minister V Senthil Balaji a “rudderless ship”, the Supreme Court on Wednesday said a cricket stadium will be needed to conduct prosecution in the cash-for-job scam-related cases where over 2,000 persons have been implicated as accused. A bench of Justices Surya Kant and Joymalya Bagchi, which pulled up the Tamil Nadu government for implicating so many persons as accused, questioned whether they are victims or victimisers and asked for the details of the accused and witnesses.
“We want to know from you clearly and definitely what your prosecution plan is. At present, it seems to be a rudderless ship. What would you achieve by clubbing the cases until and unless we gave a suggestion that you see the witnesses with regards to their degree of marginal culpability and prime culpability? Why should the suggestion come from us? Why did this thought never cross your prosecutor’s mind?
“We are not making any comments. These are tentative observations to enable you to enlighten us on the prosecution plan. Tell us within what time you can finish the trial,” the bench said. The bench said it appears to be the most populated trial of India, with 2,000 accused and 500 witnesses, and a small courtroom would not suffice.
“With over 2,000 accused and 500 witnesses, it will be the most populated trial in India. A small courtroom of the trial court will not suffice, and a cricket stadium will be needed to even mark the presence of the accused. Several Artificial Intelligence-generated accused will pop up to mark their presence,” the bench told senior advocate Gopal Sankaranarayanan, appearing for Y Balaji, who is representing victims of the scam and opposing the decision for clubbing of the cases.
The top court was hearing a petition filed by Y Balaji, challenging the March 28 Madras High Court order dismissing pleas against the clubbing of multiple chargesheets in cases related to the alleged scam. The bench told Abhishek Singhvi, who is appearing for the Tamil Nadu government, “Let’s be frank and blunt. A reluctant state wanted to give a decent burial to these cases. A friendly match was played before the high court, and FIRs were quashed. Had it not been for judicial intervention by this court, these cases would not have been revived”.
The top court said besides the ex-minister and officials who are prime accused, the other 2,000 persons arrayed as accused technically have committed a crime by giving a bribe, but on a comparative analysis, they are more of a victim than an accused. “They are more of a victim than the victimisers. Giving bribes is a crime under the law. These poor people were probably coerced into giving bribes for a job for their son or a relative. So, prosecuting them would cause extreme inordinate delay. They can be treated more as prosecution witnesses rather than criminals. So the only way forward is we know who these people are,” the top court said as it posted the matter for further hearing on August 11.
The bench observed that the trial court judge’s report of April 25 submitted in the court appears to be correct that clubbing of cases arising from the same transaction was the only way out, as there will be hundreds of the same witnesses in different cases.
Balaji resigned from the M K Stalin-led state Cabinet on April 27 after being pulled up by the top court. Balaji faced corruption charges when he was Minister in the AIADMK government, and later he shifted to the DMK. The apex court asked Balaji on April 23 to make a choice “between post and freedom” as it warned him that his bail would be cancelled if he did not step down as a Minister. With Balaji spending more than 15 months in jail, the top court had observed that there was no possibility that the trial would be concluded in the near future.
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Abhishek singhvi will rot in his next life (many rebirths) for the kind of karma he is generating now. NO conscious ?