ED swapped hard disks, altered files in pen drive: Ex-Tamil Nadu minister Senthil Balaji in court

“The brand of digital evidence such as pen drive and hard disk recorded in the seizure mahazar and the ones produced in the court are entirely different,” Sundaram said, emphasising the inconsistency and potential manipulation of evidence.

Sundaram argued that the evidence relied upon by the ED had been fabricated by the agency itself, and alleged that files on the pen drive and hard disks were created in 2015 but modified in 2022. Initially, the pen drive was reported to contain 284 files/folders, but this number was later modified to 472, with forensic analysis revealing that after seizure, certain files had been deleted and new files added, he argued. Sundaram argued that the primary evidence, and by extension all evidence based on digital evidence, must be considered suspect.

Arguing for bail, he said that with the investigation now complete and Balaji no longer serving as a minister, there was no basis for the prosecution’s claim that he might influence witnesses.

Justice Venkatesh adjourned the hearing, scheduling the ED to present its counterarguments.

The case against Balaji, who served as transport minister from 2011 to 2015, stems from the ED’s investigation under the Prevention of Money Laundering Act, 2002. The probe was initiated based on multiple cases registered by the state police regarding an alleged cash-for-jobs scam. Ever since his arrest in June 2023, his bail pleas have repeatedly been rejected.