Hemant Soren Cites Arvind Kejriwal's Interim Bail Order, Supreme Court To Hear His Plea Against ED Arrest On May 17

The Supreme Court on Monday (May 13) issued notice to the Enforcement Directorate on a petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the ED in a money laundering case related to an alleged land scam.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta posted the matter on May 17 for ED's response. Soren has filed the petition challenging the Jharkhand High Court's judgment which dismissed his challenge to the ED arrest.

At the outset, Justice Khanna asked Soren's lawyer Senior Advocate Kapil Sibal if he was in possession of the subject matter land. Sibal vociferously asserted that Soren was not in possession of the land. "I was never in possession of the land, have nothing to do with the land. This statement can be recorded," Sibal stated.

Sibal added that the offence regarding forcible possession of land was not a scheduled offence under the Prevention of Money Laundering Act (PMLA).

Bench lists the matter on May 17 after much persuasion by Sibal

Justice Khanna then asked Sibal if he wanted the petition to be listed after notice in July or during the court vacations, which start on May 18. Sibal pressed for an early hearing, citing the ongoing elections. Though Sibal fervently requested for a listing on Friday (May 17), the bench initially declined, indicating that the matter will be posted in the week commencing on May 20. However, Sibal stated that the election campaigning would be over by then. Sibal stressed that the High Court delayed the pronouncement of the judgment, despite concluding the arguments on February 28, as it was delivered only on May 3. He highlighted that the delay in the process was depriving Soren the opportunity to participate in election campaigning.

"HC doesn't pass the order in March, HC doesn't pass the order in April. Then I came to Supreme Court and the HC passed the order in May," Sibal illustrated the list of dates in an attempt to persuade the bench. Sibal further submitted that the interim bail order passed in favour of Arvind Kejriwal covered Soren's case too. "Kejriwal's order covers me," Sibal stated. Justice Khanna however made it clear that the opposite side has to be heard for interim bail.

When the bench reiterated that the matter would be listed on May 20, Sibal said, "Your lordships may dismiss then, elections will be over. This is not fair! Look how we were treated by HC." 

When Justice Khanna said that Soren would be out if he made a case, Sibal asserted, "That is not the point, whether I am out or not. I am going to be out. I know. But that is not the point. The whole purpose is the elections."

He alleged that the ED was purposefully not appearing despite being served advance notice on May 6.

Stating that the bench has given the "shortest possible date", Justice Khanna reiterated that the matter can be listed only on May 20. "Then we will withdraw," Sibal said. 

"What are you saying?" asked a surprised Justice Khanna. The judge said that even if the matter is listed on May 17, there is no assurance that it would be taken up (since there would be many matters listed as it is the last working day before the summer recess). Sibal however agreed to "take a chance."

Ultimately, the bench agreed to list the matter on May 17.

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.

The present petition was filed against a Jharkhand High Court judgement of May 3, which dismissed Soren's challenge to his arrest by ED on January 31.

Last week, another petition filed by the leader, 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 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.

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, Senior Advocate Kapil Sibal (for Soren) 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 last week.

Case Title: HEMANT SOREN Versus DIRECTORATE OF ENFORCEMENT AND ANR., SLP(Crl) No. 6611/2024

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