A Ranchi court has summoned former Jharkhand Chief Minister Hemant Soren, who is currently incarcerated, for allegedly disobeying notices issued to him by the Enforcement Directorate in a money laundering probe related to an alleged land grab case.

Chief Judicial Magistrate Krishna Kant Mishra stated in the order issued on Monday, "From the contents of the complainant (ED) and the material placed on record, prima facie offence under section 174 of the Indian Penal Code, 1860, is made out and there are sufficient grounds for proceedings under Section 204 of the Code of Criminal Procedure, 1973, against accused Hemant Soren.Office is directed to issue summons for appearance of accused person."

According to the complaint petition, an FIR was lodged on June 1, 2023, under sections 465, 466, 467, 469, 471, 420, 379, and 474 of the IPC against Bhanu Pratap Prasad, a Revenue Sub-Inspector in Bargai, Ranchi. This action stemmed from a complaint forwarded by Circle Officer Mr. Manoj Kumar, alleging that Prasad had illegal possession of seventeen original registers pertaining to landed properties, with records therein tampered with.

The complaint originated from information provided by the said office under section 66(2) of the Prevention of Money Laundering Act, 2002, directed to the Chief Secretary of Jharkhand. A subsequent search conducted on April 13, 2023, at various locations including residences associated with Prasad in Ranchi and Simdega, Jharkhand, led to the seizure of incriminating documents, including the aforementioned registers and numerous property deeds.

Investigations unveiled Prasad's involvement in manipulating original registers and falsifying Circle Office records to confer undue benefits to several individuals, including influential figures, facilitating fraudulent property acquisitions. Evidence from seized documents and digital devices indicated alterations to land descriptions through falsified and backdated deeds, alongside handwritten notes and mobile phone data containing evidence of property acquisitions by influential individuals, concealed by them.

Further revelations implicated Prasad as an associate of Hemant Soren, with seized evidence suggesting Prasad's involvement in concealing registers related to properties in Soren's possession. Despite seven summons issued to Soren during the investigation, all of which were duly served, Soren failed to appear.

Non-compliance with these summonses prompted the filing of the present complaint, alleging intentional omission by Soren to obey the summonses and join the investigation since August 14, 2023, the initial date set for his appearance. Thus, it was prayed that Soren be summoned for the offense under section 174 of IPC. Additionally, as the complaint has been submitted in writing by a public servant, exemption from examining the complainant and their witnesses has been requested.

The Court's order highlighted that the summonses under scrutiny were issued in connection with an ongoing investigation under the Prevention of Money Laundering Act (PMLA). It noted that certain "authorities," including Assistant Directors, were empowered under Section 50 of the Act to summon individuals for evidence or record production during investigations.

Regarding Sections 50(2) and (3) of the Act, the Court clarified that those summoned by the authorities are obligated to comply with such summonses as per Section 50(3) of the Act.

Examining the copies of the summonses, the Court observed that the accused responded to them on various dates, providing reasons for non-appearance. However, despite being legally bound to attend as per Section 50(3) of the Act, the accused purportedly failed to do so.

The Court emphasized that during the stage of cognizance, the Magistrate's focus should be on determining if the ingredients of the alleged offence are present and if there are sufficient grounds for proceeding, not for conviction.

Based on the complaint filed by the Assistant Director, accompanied by supporting documents, the Court concluded that it disclosed all necessary elements constituting the offence under Section 174 of the Indian Penal Code (IPC).

The Court noted, "Section 63(4) of PMLA enables prosecution under Section 174 of IPC for disobedience of any direction under Section 50 of the Act. The complaint has been filed by the Assistant Director in discharge of his official duties and has been filed withing limitation."

"The Assistant Director is a public servant within the meaning of Section 21 of IPC by virtue of Section 40 of the Act. Thus, in view of proviso (a) Section 200 Cr.P.C. and as the complaint has been made in writing, the examination of the complaint and his witness(es) stands dispensed with," the Court added.

The Court scheduled Soren's appearance for April 3, 2024.

The money laundering investigation against Soren pertains to an alleged fraudulent acquisition of 8.5 acres of land in Ranchi, along with several other properties linked to him.

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