Supreme Court Refuses To Consider Hemant Soren's Plea For Interim Bail, Lists It On May 21 Before Vacation Bench

The Supreme Court on Friday (May 17) refused to consider former Jharkhand Chief Minister Hemant Soren's plea for interim bail in a money laundering case for the purposes of election campaigning. 

The bench comprising Justices Sanjiv Khanna and Dipankar Datta directed listing of the matter before a vacation bench of the Supreme Court next Tuesday (May 21).

Soren has approached the Supreme Court against the Jharkhand High Court's dismissal of his petition challenging the arrest by the Enforcement Directorate (ED) in connection with an alleged land scam on January 31.

When the matter was taken up today, Additional Solicitor General SV Raju (representing the ED) sought time to prepare and argue. The bench questioned the ASG over Soren's prayer for interim bail. In response, ASG said that Soren was arrested long back (January 31) and his regular bail applications were dismissed. He also pointed out that four phases of elections are already over.

On the bench's query regarding Soren's denial of any involvement with the subject matter land, ASG claimed that Soren is directly connected with the land.

Senior Advocate Kapil Sibal (for Soren), on the other hand, said that the next phases of elections are on May 20, May 25 and June 1. "Proceeds of crime is the land they say. There is no material to show," he urged.

Hearing the senior counsel, Justice Khanna said :  "What the evidence they have relied upon is, one is the statement of the person who was actually found in the land, they have taken photographs. There is a boundary wall. Number 2, there is somebody else involved, they say there are file notings regarding the movement of the land. They said slips are inserted saying CM was interested."

The judge added that unless the bench is prima facie satisfied, no order can be passed. It was also pointed out that there was no time for an elaborate hearing today as Arvind Kejriwal's case was listed for hearing at 2.30 PM. "We have to be prima facie satisfied that there is an issue. Mr Raju says he is not prepared. Either we can keep it next week, whenever you want," Justice Khanna stated.

Ultimately, the bench adjourned the case, directing the ED to file its reply (including on the question of interim bail) by Monday.

To recap, Soren was arrested by the Enforcement Directorate on January 31, in connection with an 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.

On the last date of hearing (May 13), Sibal had cited the interim bail order passed in Arvind Kejriwal's case to say that it covered Soren too. In response to a court query, he had also clarified that Soren had nothing to do with the subject matter land.

When the bench expressed an inclination to post the matter on May 20, Sibal strenuously beseeched it to hear Soren's case before summer break, saying that he would definitely come out of jail, but at this stage, the main purpose was elections.

At Sibal's insistence, the court issued notice and listed the matter today, while clarifying that it may or may not be heard (given today was the last working day before summer break).

On May 10, another petition filed by Soren, citing delay in pronouncement of High Court's decision as well as challenging ED arrest was disposed of by the top Court as infructuous (as the High Court pronounced its decision). The bench was of the view that all issues, including the challenge to ED arrest, could be considered in the fresh petition against the High Court judgment, that is, the present petition.

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 unauthorized possession and usage.

ED alleges Soren's direct involvement in the acquisition, possession, and utilization 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.

Accordingly, Soren moved the Jharkhand High Court, which heard him on the issue of ED arrest and reserved verdict on February 28. From February 28 till May 3, the High Court did not pronounce its verdict. This led Soren to move the top Court against the delay occasioned, whilst also challenging ED's arrest.

Notice came to be issued on this petition on April 29; although, it was clarified that the High Court may pronounce its verdict in the meantime. On this date, Sibal informed the court that Soren was seeking the benefit of interim bail.

Four days later, on May 3, the High Court pronounced its decision, dismissing Soren's challenge to ED arrest. Immediately, Soren moved the present petition challenging the High Court decision. His first petition before the Supreme Court (challenging ED arrest) was dismissed as infructuous on May 10.

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