The Supreme Court on Friday stayed the arrest of former Tamil Nadu Minister V. Senthil Balaji in connection with a fresh FIR registered over the alleged liquor scam in the State, while directing him to join and fully cooperate with the ongoing investigation.
Senior Advocate Kapil Sibal, appearing for Balaji, argued that the FIR had been registered on the basis of an affidavit filed by the Enforcement Directorate in 2025 by an officer who had since “changed sides” following a change in the State government. He submitted that the investigating agency had conducted a preliminary enquiry in a single day before registering the FIR and that the allegations pertained to events between 2021 and 2025.
Opposing the plea, Senior Advocate Guru Krishnakumar submitted that the case involved a serious corruption scam and that Balaji could not seek blanket protection merely because no action had been taken while he was in office. He argued that the delay was itself attributable to the petitioner’s political influence and contended that custodial interrogation might become necessary during the investigation.
The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, however, noted that the allegations related to a period when Balaji was a Minister but that he no longer occupied public office. Observing that the material appeared to be largely documentary in nature and remained in the State’s custody, the Court remarked:
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“Everything now… whatever time he was the Minister, the record is in your custody. You are the custodian of the record now. He is no longer a Minister. Everything is based broadly on documentary evidence… If, in the process of investigation, it becomes necessary for us to take him into custody… come to us.”
Expressing concern over the State’s apprehension that the petitioner might influence witnesses, the Bench made it clear that the interim protection would not be unconditional and could be revisited if there was any attempt to interfere with the investigation. The Court observed:
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“Please immediately cancel or modify our directions if there is the slightest hint which you place on record… Subject to the petitioner joining and fully cooperating with the ongoing investigation, his arrest shall remain stayed.”
Accordingly, the Court directed that Balaji’s arrest in FIR No. 05 of 2026 shall remain stayed, subject to his joining and fully cooperating with the investigation. It also directed him to deposit his passport with the investigating agency. When counsel submitted that the passport had already been deposited, the Bench remarked in a lighter vein: “We want it so that you don’t go to Nepal or something.”
The Court further granted the petitioner liberty to amend his petition and file additional grounds after being informed that the Madras High Court’s order had been received only on Friday morning. The State was granted time to file its counter affidavit, and the matter will be taken up for further hearing.