According to officials from the Enforcement Directorate, the agency has once again requested sanction from the state administration following a Supreme Court ruling delivered in November 2024. The ruling held that even the Enforcement Directorate must obtain prior prosecution sanction to proceed against public servants for alleged offences committed in the course of discharging official duties.
The agency stated that under Section 197 of the Criminal Procedure Code and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, prior approval from the government is mandatory before prosecuting a public servant for offences allegedly committed while performing official functions. Officials further noted that courts will not proceed with trial unless such sanction is granted.
Enforcement Directorate sources said the agency had earlier sought prosecution sanction from the previous DMK-led administration, but permission was not granted. Following the change in regime, the agency has now approached the newly formed TVK-led government headed by Actor Vijay.
Investigators allege that during his tenure as Transport Minister in the former AIADMK government, V Senthil Balaji, along with his brother and personal assistants, conspired to collect money from job aspirants by promising appointments in various posts within the Transport Department. Several candidates who allegedly paid bribes but failed to secure employment later filed complaints, triggering criminal proceedings and a subsequent money laundering investigation by the Enforcement Directorate.
V Senthil Balaji was arrested by the Enforcement Directorate on June 14, 2023, and remanded to judicial custody in connection with the case. He later secured bail and returned to the cabinet under the MK Stalin-led government, a development that drew widespread political criticism. During a hearing on April 9 this year, the Supreme Court expressed disapproval over his continuation as a minister after his release from prison and reportedly asked him to choose between his ministerial position and personal liberty. He resigned from the cabinet on April 27.
Although the DMK lost power in the recent Assembly elections, V Senthil Balaji managed to retain the Coimbatore South seat by a narrow margin.
Political attention has now shifted to the stance of the TVK-led government, which came to power on a platform promising clean governance and the eradication of corruption. The decision on whether to grant prosecution sanction to the Enforcement Directorate is expected to emerge as an early and significant administrative and political test for the new government.
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