Hemant Soren, ED, SC Hemant Soren (Facebook)
The Supreme Court on Monday issued notice to the Enforcement Directorate (ED) on the plea filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest in a money laundering case [Hemant Soren v. Directorate of Enforcement and Anr].
The Bench of Justices Sanjeev Khanna and Dipankar Dutta listed Soren’s plea for hearing on May 17.
After the Court had earlier expressed its inclination to list the matter in July or during the summer vacation, Senior Advocate Kapil Sibal insisted on an urgent hearing on account of the ongoing Lok Sabha elections.
In a tone of disappointment over the Court’s refusal to consider hearing the matter earlier, Sibal even submitted that Soren’s plea may be then dismissed.
“Then dismiss it…elections are over. Kejriwal order covers me,” Sibal said, while referring to the recent order granting interim bail to Chief Minister Arvind Kejriwal in the Delhi Excise Policy case.
Sibal further submitted that Soren may be then granted interim bail in case the Court did not want to hear the matter before July. However, the Court said it would not do so without hearing the ED.
“The whole purpose of the exercise is something you also know…We served ED on May 6,” Sibal submitted, alleging that the central agency was purposely not appearing in the matter.
Amid the back and forth between the Court and Sibal over listing of the case, the senior lawyer at one point even suggested withdrawal of Soren’s plea.
“What? We are giving shortest possible time,” Justice Khanna said in response.
Ultimately, the Court agreed to list the matter for consideration on May 17.
However, Justice Khanna also remarked that it may not be possible to hear the matter on that day.
“My lords are smiling…this Court will surely hear,” said Sibal.
Justice Khanna on a lighter note said,
“Whenever I smile, lawyers say I am dismissing the case”.
The top court was hearing Soren’s plea challenging Jharkhand High Court’s recent judgment dismissing the plea against his arrest.
Soren had stepped down as Chief Minister of Jharkhand on January 31 in the wake of his arrest by the ED for alleged “illegal change of ownership of land by the mafia” in the State.
At the outset of the hearing today, Justice Khanna today asked Sibal to answer whether the Jharkhand Mukti Morcha President was in possession of the land.
“I (Soren) have never been…it is nothing to do with the land. If they say forcible possession…it is not even a scheduled offence,” Sibal submitted.
However, the Court said that everybody including the person in actual occupation of the land had made a statement that Soren had possession.
The ED had filed a prosecution complaint on June 23, 2016 in connection with the case under Section 45 of PMLA against Soren, Ranjan, nine others and three companies.
Soren has denied the allegations of money-laundering. In a video released soon before he was taken into custody, he claimed he was being arrested on the basis of “fake papers” as a part of a conspiracy.
