Hemant Soren's Plea Against ED Arrest Infructuous After Special Court's Cognisance? SC Asks Kapil Sibal
The Supreme Court on Tuesday adjourned hearing Hemant Soren's plea after it asked Kapil Sibal to satisfy the court his plea would still stand in the top court after special court's cognisance which remains unchallenged.
In a major twist to former Jharkhand Chief Minister's Hemant Soren's petition challenging the arrest made by the Enforcement Directorate (ED) in the alleged land scam, the Supreme Court asked if this plea would still stand after a special court has taken cognisance of the case while denying bail to Soren and that order is unchallenged.
The vacation bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma asked Senior Advocate Kapil Sibal appearing for Soren to explain to the court, how challenge to arrest will survive after the special court has taken cognisance.
Sibal however said that "cognisance" is a prima-facie opinion that offense has been committed.
"I am saying the arrest itself was without law. These are two separate issues." Sibal said.
The top court today adjourned hearing Soren's petition where he had challenged legality of arrest and sought an interim bail. In the last hearing, Sibal had told the top court that Arvind Kejriwal's case also applies to them.
Sibal however maintained that the petition challenging arrest will stand and the primary argument is that no offense is made out against Soren, even if everything they said is accepted. He contended that Soren was not in possession of the said land and even if ED's argument is accepted that Soren was in possession of the said land then also his arrest under PMLA is illegal as it is not a scheduled offence.
"Illegal possession of land is not a scheduled offense! It is covered by Vijay Madanlal judgment." Sibal said.
Justice Datta however said that the court needs to be satisfied that after the cognisance taking order of the special court, the challenge to arrest will survive in the Supreme Court.
Sibal further said, "cognisance is prima-facie opinion that offense has been committed, but I am saying arrest itself was without law. These are two separate issues."
Ultimately, Sibal sought more time from the bench to satisfy the court that the case against ED arrest stands. The court will resume the hearing tomorrow.
Yesterday, the ED filed an affidavit in the court stating that Soren is actively attempting to subvert the probe into the money laundering case against him by misusing state machinery. The ED opposed interim bail for Soren and said that a politician can claim no special status higher than that of an ordinary citizen.
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