ASG: Let me point out one thing, Hon'ble Court has taken cognizance against him. That's the difference here. Bail filed and rejected under S.45. He was not arrested few days after declaration of elections
Sibal: On April 21 and 24, other statements were recorded, including of one Circle Officer. These are the very people whose names are registered in the registers of 1976-86. Non-tribal people. They should have been made accused
ASG: He is arguing as if this is trial
J Datta: When the matter was last listed before me and J Khanna, we had opined that there has to be prima facie satisfaction
Sibal: They do the survey and record statements of people under S.50 who say this belongs to Hemant Soren. "Illegally occupied" when, what, which year, who came, did he come, no evidence! Just oral evidence. No possession
Sibal: No falsification of records. He says they seized the records and had they not seized, Hemant Soren's name would have been added. How? God only knows. This is the prosecution complaint I am reading.
Sibal: On May 4...they referred to registers...their complaint says that regional records have been falsified.
ASG: he can't say it's not disputed! why is he putting words in my mouth?
J Datta: We will hear you.
Sibal: It's bhuinhari land...as far as claim of Munda and Pahan, claim of their ownership seems disputed. Matter appears to be benami matter. ED is not an investigation agency.
Sibal: It's their case it's a civil dispute. Should have stopped there. What's their basis of saying...please see what is the information given in the special leave petition
Sibal gives names of complainants, including Baijnath Munda and Shyamlal Pahwan
Sibal: They claimed to be owners of this land
Sibal: ED goes to this land on April 20, 2023. It finds that one Bhanu Prashad (incharge of land as sub-inspector) has collected 11 trunks of that entire area...
Sibal: On this land, there is an electricity connection...in the name of accused No.4 who was cultivating land under a registered lease of 2015. So obviously I was not in possession. Lease is with the owner Rajkumar. Nothing to do with me
Sibal: The allegation is that in 2009-10, I occupied the land forcibly. Ultimately, proceedings against me are taken on 20 April, 2023...ED happened to be there, and then a complaint was lodged. Between this period, nobody complained