Hemant Soren Moves SC Against Jharkhand HC Verdict Upholding ED Arrest As 'Legal', Seeks Permission To Campaign In Polls

Former Jharkhand Chief Minister Hemant Soren on Monday moved the Supreme Court against the high court order that uphled his arrest by the Enforcement Directorate (ED) as 'legal'.

Kapil Sibal told SC that its very unfortunate that rights are being trampled in this fashion.

Source : PTI

Former Jharkhand Chief Minister Hemant Soren on Monday moved the Supreme Court against the high court order that uphled his arrest by the Enforcement Directorate (ED) as 'legal'. Earlier, Soren had moved the top court against delay by the high court in delivering the verdict in the case and had prayed for an interim bail.

Senior Advocate Kapil Sibal appearing for Hemant Soren mentioned in front of the CJI DY Chandrachud led bench that Soren was arrested on January 31, following which he moved the High Court on 4 February, however the high court reserved verdict. The verdict was delivered after Soren moved Supreme Court last week alleging delay.

."..the phase of election starts on 13th May, we moved this Court under Article 32 petition, this court issues notice and high court delivers the judgement on 3rd May. We have filed an overnight the SLP...Very unfortunate that rights are being trampled in this fashion." Sibal said.

Sibal said that Soren should be allowed to campaign for the ongoing Lok Sabha elections.

CJI asked Sibal to circulate an email for listing of the fresh petition challenging the high court order.

The High Court last week while dismissing Soren's plea had said that Soren cannot wriggle out of the mess he created for himselfby raising bogey of political vendetta.

Sibal reminded the CJI that the plea against the delay has been listed tomorrow in front of Justice Sanjiv Khanna's bench. 

The Supreme Court on Monday had issued notice on petition moved by Hemant Soren against his arrest by the Enforcement Directorate after the delay by the Jharkhand High Court in pronouncing the verdict on his petition against the ED arrest despite concluding the hearing on February 28, 2024.

A bench of Justice Sanjeev Khanna and Dipankar Datta heard the matter and issued notice returnable by May 6 and said that the High Court may pronounce the reserved order in the meantime.

At the outset, Senior Advocate Kapil Sibal appearing for Soren said that he wants interim bail.

Justice Khanna however pointed out that they have attached proceeds of crimes. "...look at the allegations...there is a plot of 8.5 acres."

The bench ultimately agreed to hear the challenge to arrest by ED.

Soren was arrested on January 31 in a money laundering case connected with an alleged land scam and has been under custody since then. It may be recalled that the former CM had immediately approached the Supreme Court after his arrest, on February 2, the top court however refused to entertain the plea and asked him to approach the High Court instead.

ED's Case Against Hemant Soren:

The Enforcement Directorate has claimed that it recovered cash worth more than Rs 36 lakhs and documents pertaining to the illegal possession and occupation of at least 12 land parcels by ex-Jharkhand Chief Minister head Hemant Soren in its searches in the alleged money laundering case.

The ED has said that it has found that Soren was actually and knowingly involved in process and activities connected with the acquisition, concealment, possession, and use of proceeds of crime and projecting the said proceeds of crime as untainted property.

Soren was found to be guilty under Section 3 of Prevention of Money Laundering Act (PMLA) and was liable to be arrested under Section 19 of the money laundering act, the ED has submitted in court.

ED has said that the 8.5 acre land parcels are part of criminal proceeds as Soren illegally acquired and occupied them.