Jharkhand High Court To Hear Hemant Soren's Plea Challenging ED Arrest On February 12

While doing so, the division bench consisting of Acting Chief Justice Shree Chandrashekhar and Justice Rajesh Kumar permitted Soren to withdraw his application seeking to withdraw the petition and asked ED to file its response by February 9, to the application for amendment of petition moved by the Jharkhand Mukti Morcha (JMM) leader.

It ordered, "In view of the order passed by honourable Supreme Court on 2 February, IA 1216/2024 [for withdrawal of IA 1111/2024] stands allowed. Consequently, IA 1111/2024 [for withdrawal of writ prtition] stands dismissed. WP 68/2024 [challenging ED arrest] remains onboard. IA no. 1215 of 2024. This application is for the amendment in pleadings and prayer portion of WP(Cr) 68 of 2024. Mr. Amit Kumar Das, the learned retaining counsel for the Enforcement Directorate, is seeking 5 days' time for filing the response to the Application for Amendment. Let the response of the Enforcement Directorate be filed by 9.02.2024. The matter shall be on the board on 12.02.204 to be taken up as the first matter."

Soren had sought to withdraw the writ petition before the High Court since he had concurrently filed a similar plea before the Supreme Court. However, on February 2, the SC asked Soren to approach the High Court.

Senior Advocate Kapil Sibal appearing for Soren requested an immediate hearing of the matter. However, the ACJ remarked, "We'll give them some time. Your pleadings are not part of the writ pleadings."

Sibal responded, "My only request is that they were able to file the reply overnight in the Supreme Court. All I need is they can take time, but there is an element of urgency in this matter. That's my only request."

Acknowledging Sibal's request as 'very reasonable,' the ACJ listed the matter on February 12.

Notably, the former chief minister is set to participate today in the special session of the Jharkhand State Legislative Assembly today and vote in the floor test for the government of CM Champai Soren, as permitted by the special court in Jharkhand on February 3.

Details On Petition Filed By Hemant Soren

The writ petition filed by Soren questions the action taken by the authorities under Prevention of Money Laundering Act, 2002 when they "evidently lack jurisdiction to deal with the subject matter in question, namely investigation of a case in a criminal matter."

It is alleged that the authority is misusing its power and processes to "pressurize" and thereby "demoralize" the State administration from discharging their functions and duties. It is contended that the action impugned was taken for 'collateral, oblique and improper purposes, clearly amount to colourable exercise of powers and are wholly unsustainable.'

Soren has contended that under the garb of investigation the respondent had resorted to issuing summons, asking for information and to give evidence and produce records in connection with the investigation or proceeding under PMLA which amounts to fishing and roving enquiry.

He also contended that the Summons u/s 50 PMLA were issued 'out of malice and sheer political vendetta with an intent to coerce, harass, and intimidate the Petitioner'.

“With the General Election approaching soon in next 6-7 months, the political atmosphere in country has been vitiated by the ruling reg:rrns and all efforts have been made to threaten, humiliate and intimidate the political leaders, and particularly, when the opposition has united to form INDIA alliances in which Petitioner and his part are vocal participant and integral part of allies and who are not aligned with the NDA,” it was added.

It is alleged that Soren has not been supplied with a copy of the Enforcement Case Information Report (ECIR), and thus it is contended that Soren is completely unaware of the scope of investigation, or the allegations being investigated in relation to which he was called upon by the Respondent authorities.

It is further contended that Soren is unaware as to details of the scheduled/ predicate offence(s) in furtherance of which the Directorate of Enforcement has initiated the proceedings under the PMLA.

It is submitted, “the issuance of the impugned Summons exposes the intent of the Respondent No.2 which is misusing its powers conferred under PML,A to target prominent opposition leaders including the Petitioner herein at the instance of the Central Government which is seeking to destabilize the constitutionally elected Government in the State of Jharkleand headed by the Petitioner herein as the Chief Minister of the State.”

Soren contended that the repeated summons issued by the Respondent authority are “politically motivated to browbeat, humiliate and intimidate the Petitioner, who is a holder of a constitutional office.”

Soren had been summoned for questioning by the ED on January 29 or 31. On January 29, ED officials visited Soren's official residence in Delhi to interrogate him in connection with the land scam. However, he was not present at the house during the search. The officials carried out a 13-hour search, discovering 36 lakhs in cash and a luxury SUV at the residence. In response, Soren filed an FIR in Ranchi against five ED officials under the SC/ST Act, alleging that the seized money and vehicle did not belong to him and were planted by the agency. He claimed that the search was an attempt to harass and malign him and his community, emphasizing the lack of prior information about the search.

On January 31, ED officials revisited Soren's official residence in Ranchi. After seven hours of questioning, Soren resigned as the Chief Minister and was subsequently arrested in the late evening by the ED. He had submitted his resignation to the State Governor before the arrest.