If Hemant Soren Is Granted Interim Bail For Campaigning, Then All Jailed Politicians Will Seek Similar Treatment: ED Tells Supreme Court

In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.

It may be mentioned that up until May 17, a bench comprising Justices Sanjiv Khanna and Dipankar Datta was dealing with Soren's petition challenging a judgment of the Jharkhand High Court, vide which the JMM leader's plea against ED arrest was dismissed. The matter is listed today for considering the question of interim bail for Soren, for the purposes of campaigning during Lok Sabha elections, before a bench of Justices Dipankar Datta and Satish Chandra Sharma.

"If Soren is granted interim bail for poll campaigning, then all incarcerated politicians would seek similar treatment, claiming that they are a class of their own...right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right", ED says.

It adds that no politician can be arrested and kept in judicial custody if Soren's prayer for grant of 'special treatment' is acceded to. The agency also states that Soren has misused the state machinery to subvert the investigation and filed "false" cases under the SC/ST (Prevention of Atrocities) Act against officials:

"...there is an active attempt on the part of the petitioner to subvert the investigation by misusing state machinery and to project the proceeds of crime as untainted through his stooges".

On facts, it is the agency's case that Soren was involved in the acquisition/possession of properties, which are proceeds of crime, illegally.

"Various statements recorded under Section 50 of PMLA, 2002, establish that property admeasuring 8.86 acres, situated at Shanti Nagar, Near Lalu Khatal, Bariyatu (in Ranchi) is under illegal acquisition, possession, and use of Hemant Soren and the same has been done in a camouflaged and concealed manner".

Another contention raised by ED is that at this stage, the only legal recourse available to Soren is to challenge the order rejecting his bail application before the High Court, because as long as the order rejecting bail remains unchallenged, he is dis-entitled to seek his release.

Soren was arrested by ED on January 31, in connection with the alleged land scam in Jharkhand. He is accused of being the primary beneficiary of fraudulently acquired land.

The arrest followed Soren's resignation as the Chief Minister of Jharkhand and he has been in custody since then.

For a detailed background and report on proceedings of last date, click here.

Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024