matter of propriety vs politics

Tamil Nadu Electricity Minister V. Senthilbalaji reacts as he is taken to a government hospital after his arrest in a money laundering case, in Chennai. , Photo Credit: PTI

Teatamil nadu minister V. Senthilbalaji‘S Arrest by Enforcement Directorate An alleged money laundering case would normally have been a routine legal matter with the approval of the Supreme Court. However, the agency’s ill-timed and poorly executed plan into the early hours of last Wednesday has snowballed into a national political controversy.

Mr Senthilbalaji’s arrest against the backdrop of Home Minister Amit Shah’s visit on a “political mission” has given Chief Minister MK Stalin ammunition to call the action retaliatory, Governor RN Ravi had fired the gun a fortnight ago demanding his removal from the cabinet, citing the Supreme Court’s go-ahead for a probe against the minister.

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The Secular Progressive Alliance, led by the ruling Dravida Munnetra Kazhagam, has used the occasion to launch a scathing attack against the Narendra Modi government and the Raj Bhavan. it’s also General consent given to the Central Bureau of Investigation withdrawn To investigate cases in the State.

Given the extensive use of select investigative agencies by the Center against politicians from opposition parties, apprehensions of retaliation cannot be ruled out. Keeping in mind the political need of the Bharatiya Janata Party (BJP) to make inroads in Tamil Nadu ahead of the parliamentary elections, similar action against politicians from the ruling party cannot be ruled out. Fisheries Minister Anita R. ED probe pending against Radhakrishnan due to judicial intervention; There was a case against DMK’s financially well-off MP S Jagatrakshagan quashed by the Madras High Court, The longer the agency is able to immobilize “election managers” like Mr. Senthilbalaji, the better the BJP’s chances of keeping the DMK in check in some key areas. It may also strike fear into the money bags of the ruling party which may affect the DMK’s spending ability in parliamentary elections.

However, an unbiased study of the case against Mr. Senthilbalaji reveals that he may not be completely above board, although it is for the judiciary to decide his guilt. It is not just the ED that is probing him. The cash-for-jobs scam in the Metropolitan Transport Corporation was registered by the police in 2015, soon after Jayalalitha out of cabinet, Till Mr.Senthilbalaji Mr.Stalin himself demanded action Joined DMK in 2018, The case dragged on as the accused resorted to multiple legal actions and sought to settle it out of court as well. Baskar, a prime accused, died last year under circumstances that require investigation.

In fact, in September last year, the Chennai Central Crime Branch informed the Madras High Court that it had conducted a detailed investigation against Mr. Senthilbalaji in 2017 and had collected enough evidence to prove his involvement in the crime. It examined 21 witnesses in one case and collected material “indicative of his culpability”.

While fixing a time limit of two months for the Investigating Officer to complete the investigation of the case, Supreme Court said in May It will leave open the option of constituting a Special Investigation Team (SIT).

Against this backdrop, Mr Stalin’s unconditional support and retention of a political turncoat with no portfolio as a minister merely citing his “hospitalisation” raises uncomfortable questions. It is a moot point whether the investigating officer would be able to proceed independently against the minister, who has been given a clean chit by the ruling party and projected as a political victim in a related ED case.

Mr. Stalin’s action is in sharp contrast to his earlier administrative decisions which reflect his eagerness to project an image of providing clean governance. In 2021, he quickly handed over the investigation of the alleged murder of a worker in a cashew factory belonging to DMK Cuddalore MP TRVS Ramesh to the Crime Branch CID. MP surrendered Thereafter, the CB-CID took him into custody for questioning, expressing confidence in the investigation.

Despite the Chief Minister’s political compulsions to protect Mr. Senthilbalaji, it may damage his personal image and also put the Government in an uncomfortable position, if the Supreme Court sets up an SIT for an impartial probe. Legally there is no bar on Shri Senthilbalaji continuing as a minister. But propriety may demand that he be kept out, at least till the police completes the investigation and he gets bail in the ED case.