BREAKING | Former Jharkhand CM Hemant Soren Moves Supreme Court Against HC's Order Dismissing His Challenge To ED Arrest

Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court against the High Court's dismissal of the challenge to his arrest by the Enforcement Directorate in the land scam case. The former CM had urged for an early listing of the matter considering that the election phase begins on May 13. 

The Jharkhand High Court dismissed Soren's plea challenging his arrest by the Enforcement Directorate 4 days after the Supreme Court agreed to hear his plea against ED arrest in the week commencing from May 6. Notably, SC had then said that it would be open to the High Court to pronounce the judgment which was reserved in February. The High Court had also rejected his plea for interim bail but however allowed him to participate in funeral rites of his Uncle Raja Ram Soren. 

Today, Senior Advocate Kapil Sibal appearing on behalf of Soren requested the bench to give an early consideration to the Special Leave Petition which is filed challenging the High Court's rejection, especially in light of the election phase which will begin in the State of Jharkhand from May 13 and last till June 1. 

"Hemant Soren was arrested on Jan 31, we moved the HC on 4 Feb...and HC did not deliver the judgement, the phase of election starts on 13th, we moved this Court under 32 petition, this court issues notice and he delivers the judgement on 3rd. We have filed overnight the SLP, Very unfortunate that rights are being trampled in this fashion," Sibal submitted. 

The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra was informed that the previous pending petition is to be taken up by the Bench of Justice Sanjiv Khanna tomorrow.

"The other matter is also before Justice Khanna tomorrow." 

The CJI asked the senior counsel to circulate an email in this regard so that both matters may be listed together. "Circulate an email will look at it." 

It may be noted that Soren had moved the Supreme Court, citing the High Court's delay in pronouncing the verdict on his petition challenging ED arrest. The order in the petition was reserved by the HC on February 28, 2024. The Top Court on April 29 issued notice on Soren's petition with liberty to the HC to pronounce verdict.

Background 

Hemant Soren, former chief minister of Jharkhand, is being investigated for money laundering charges in connection with an illegal mining case, as well as an alleged land scam in Ranchi, the state's capital. The ED is investigating both cases and contends that approximately 8.5 acres of property in question constitutes proceeds of crime. It has charged Soren with unauthorised possession and usage.

ED alleges Soren's direct involvement in the acquisition, possession, and utilisation of these proceeds, accusing him of colluding with others, including Bhanu Pratap Prasad, in concealing original records to portray the acquired property as untainted.

In September last year, the Jharkhand Mukti Morcha chairperson approached the Supreme Court challenging summonses by ED in connection with the money laundering case. However, the top court expressed disinclination to entertain the matter, pointing to the alternative remedy available under Article 226 of the Constitution. As such, Soren agreed to withdraw his plea.