The zoning seat, composed of judges Abhay S Oka and Augustine George Masih, told Balaji either resigned or the bail was cancelled. Balaji was granted bail by the top court in September 2024.
Judge Oka said on the bench that the judge had previously “ignored” a “ruling” against the court, how Balaji allegedly used his influence as minister. The bench refers to the observations adopted by the SC in its May 2023 judgment, which records the verdict that, as minister, Balaji forced people to withdraw complaints and emphasized the role played in predicate crimes (under the Prevention of Corruption Act). Judge Oka said verbally: “If you were to play the process of law like this… we would record that we made a mistake. We will accept our mistake.” The judge added that Balaji was not released on bail on the merits, but rather “a possible violation of Article 21 (right to freedom).” Justice Oka said: “What signals did we send that you were not released on bail and that you were going to serve as the minister’s office? There are many witnesses, what signals would we send?” He told the lawyer to appear for Balaji, “This is not the way to deal with the court. Please understand that this is the result of the court adopting a court that violates Article 21. We are shocked.” The bench added: “We will not tolerate this behavior. We give you a choice. Freedom or a position?”
It will post the case to a resumption hearing next Monday (April 28).
Senior defense attorney Kapil Sibal appeared on behalf of Balaji, suggesting that if Balaji is afraid of influence, the trial can be transferred to the state. Judge Oka replied: “That would not be possible. There are 1,000 witnesses.”
Sibar believes that “there is no problem affecting the witness.” The trial will not begin until 2026.
