"Is It Your Intention That Supreme Court Be Deprived Of Hearing The Matter?" SC Pulls Up Tamil Nadu In Former AIADMK Minister K.T. Rajenthrabhalaji's Arrest

The Supreme Court of India on Thursday called out the State of Tamil Nadu for arresting former AIADMK Minister K.T. Rajenthra Bhalaji even when his plea was pending before the Supreme Court and for the alleged raids on the lawyers who represented him.

A Bench comprising CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli was hearing a special leave petition challenging Madras High Court's order rejecting anticipatory bail applications filed by former AIADMK Minister K.T. Rajenthra Bhalaji accused in a Government job scam.

The remarks were made by the Court after Senior Advocate Dushyant Dave appearing for Bhalaji informed the Court that even after a special leave petition has been filed by the petitioner against the High Court's order, he has been arrested day before yesterday. Further, his lawyers who appeared for him have also been raided.

Addressing the AAG for Tamil Nadu V Krishnamurthy, the CJI said, "What is this? Is it be proper for Government when this court is considering the matter, with covid we are unable to list all matters, heavens doesn't fall, can't you restrain yourself? It's not a matter where suddenly something will happen. Why do you attack lawyers etc?"

"Is it your intention that Supreme Court should be deprived of hearing the matter?" Justice Surya Kant asked

"No, that's not the intention," the AAG said.

"What was the hurry then?", Justice Hima Kohli said.

In response to AAG's submission that the petitioner had to be apprehended as there were a lot of complaints of cheating against him, the CJI said,

"We are not justifying the actions of the petitioner. Definitely, if he is under obligation to prove his innocence he has to, there's no difficulty. But this isn't the way you have to take, attacking the lawyers? Where as a society we are?".

The Bench permitted the AAG to take instructions in this regard.

"We direct Mr Krishnamurthy to file counter affidavit and seek instructions by Saturday and list the matter on Monday," the Bench said

The Bench issued notice in the special leave petition and directed it to be listed on Monday with the writ petition filed by the petitioner in this regard.

Senior Advocate Dushyant Dave also submitted that there's no whisper against the petitioner in the FIR except that the accused brought the complainant to his house. He added that these are open premises of ministers where thousands of people come every day and people can't be held up because of that.

A single-judge bench of Madras High Court had in the impugned order noted that the court had observed that it is pertinent for the investigation to be concluded first and it is not inclined to grant anticipatory bail in a matter pertaining to job racketeering allegations, regardless of the position or status of the alleged person.

Virudhanagar District Crime Branch had registered a cheating case under Section 420 IPC against the former minister and his personal assistants. The first complainant, one of the alleged victims, Mr S Raveendran accused K Nallathambi of collecting Rs 30 lakhs from him, whom he says he met via Mariappan, another AIADMK member. S. Raveendran's case is that his nephew was promised a job as the manager in Aavin (state diary board); he handed over the money to Nallathambi after he met with the then Milk & Dairy Development Minister Rajenthra Bhalaji.

On the same day at 5 pm, K Vijaya Nallathambi, allegedly a close aid of Bhalaji, filed a separate complaint with the police alleging that he has been made a tool to further the ulterior motives of the Minister and swindle money from a large number of job aspirants.

On 30th November, the High Court had reserved orders on the two anticipatory bail applications in cases registered against the former minister for swindling money from the public by promising government jobs.

Case Title: K.T. Rajenthrabhalaji vs State Through Inspector of Police 

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