'Why Should You Not Go To High Court?': SC Refuses To Entertain Hemant Soren's Plea Against ED Arrest

The Supreme Court on Friday asked Hemant Soren to approach the High Court first against his arrest by the ED. Justice Sanjiv Khanna asked Kapil Sibal, "Why should you not go to the High Court?"

Supreme Court on Friday asked former Jharkhand CM Hemant Soren to approach the Jharkhand High Court first and refused to entertain his petition against the arrest by the Enforcement Directorate (ED) in relation to an alleged money laundering scam.

Senior Advocate Kapil Sibal, appearing for Soren, submitted that the matter pertains to a chief minister who has been arrested. Senior Advocate Abhishek Manu Singhvi, also appearing for Soren, said that the court has concurrent powers to hear the case.

However, the top court said that high courts are constitutional courts too and Soren must first approach the high court.

A special bench of Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi heard the matter today.

Justice Sanjiv Khanna asked Sibal, "Why should you not go to the High Court?"

"Courts are open to everybody. Second, high courts are constitutional courts. If we permit one person, then we have to permit everyone." Justice Khanna said.

Sibal told the bench that the court has discretion and can hear the case.

"This is a case where that discretion ought to be exercised." he added.

Justice Khanna said that there is an earlier order of the Supreme Court that says you must go to high court first.

"Move to the High Court. Initially you filed on the basis that notice under Section 50 has been issued. Now an amendment application has been filed since he has been arrested."

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Hemant Soren had filed the petition under Article 32 challenging his arrest by the ED. The court however has left it open to him to seek remedy before high court under Article 226.

"...We are informed that petitioner has already preferred a writ petition before Jharkhand High Court, which is still pending...It will also be open to him to ask for expeditious listing and disposal of the case." the bench said.

Sibal further asked the court to lay down a time frame for high court to listen to the petition by Soren.

Justice Khanna however said, when you press for it they will hear you out. We are not going to control the high court.

Additional Solicitor General SV Raju told the court that already a separate bench was constituted. "A common man would never get these benefits."

Sibal responded to this and said "they are trying to topple this government, that's a fact."

The bench passed the order directing Soren to approach Jharkhand High Court first.

Earlier, the Supreme Court on Thursday agreed to hear former Soren's petition against arrest by the ED on Friday.

The top court constituted a special three judge bench to hear Soren's plea challenging arrest comprising of Justice Sanjiv Khanna, Justice MM Sundresh and Justice Bela M Trivedi. This bench however, refused to entertain Soren's plea.

The case was mentioned by senior advocates Kapil Sibal and Abhishek Manu Singhvi in front of a bench headed by the CJI DY Chandrachud on Thursday. 

Solicitor General Tushar Mehta told the CJI led bench that the case will be heard by the Jharkhand High Court.

Sibal, however said that they are withdrawing the case from the high court. The Jharkhand High Court had listed the case for Februray 5.