Hemant Soren Seeks Interim Bail, Supreme Court Agrees To Consider His Plea Against ED Arrest In Week Starting From May 6

The Supreme Court on Monday (April 29) issued notice on a petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the Enforcement Directorate (ED).

The Bench comprising Justices Sanjiv Khanna and Dipankar Datta posted the matter in the week commencing from May 6 stating that, in the meantime, it shall be open to the Jharkhand High Court to pronounce the judgment which was reserved on February 28, 2024. It may be noted that Soren has filed the present Special Leave Petition citing the delay by the High Court in pronouncing the verdict on his petition challenging ED arrest.

When the matter was taken, the bench asked Senior Advocate Kapil Sibal (appearing for Soren), what he was seeking. "I want interim bail," Sibal replied adding that there was nothing showing Soren's involvement even if the counter-affidavit of the ED was accepted entirely.

"Accept anything that is said in the complaint, accept anything that is said in the counter. The offence is under 467, 471, 420 (IPC). I am not involved anywhere".

Eventually, the bench decided to call for the ED's response. While it was considering when to list the matter next, Sibal made a suggestion. However, Justice Khanna did not appreciate the interruption.

Acknowledging his mistake, Sibal said, "I appreciate...your Lordships are also pressurized". Hearing the same, Justice Khanna quickly countered, "There is no question of pressurized".

The judge's remark was followed by an explanation from Sibal - "pressurized by the work that you do my Lords". "Give us some discretion atleast", Khanna J finally said before posting the matter in week commencing May 6.

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

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

Immediately after his arrest, Soren approached the Supreme Court on February 2, but the Court refused to entertain his plea and asked him to approach the High Court instead.

Accordingly, Soren moved the Jharkhand High Court, which heard him on the issue of ED arrest and reserved verdict on February 28.

Last week, Senior Advocate Kapil Sibal had mentioned the case before Justice Khanna seeking urgent listing saying that the delay was resulting in Soren's incarceration during crucial election time.

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.

Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 5769/2024