Hemant Soren Denied Interim Bail By Jharkhand HC But Granted Permission To Attend Uncle's Funeral

The Jharkhand High Court Today (May 3rd) dismissed a provisional bail application filed by jailed former Chief Minister Hemant Soren but allowed him to attend his uncle’s funeral rites.

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Hemant Soren Denied Interim Bail by Jharkhand HC but Granted Permission to Attend Uncle's Funeral

RANCHI: The Jharkhand High Court made a decision regarding a provisional bail application from Hemant Soren, the former Chief Minister, who is currently incarcerated. While the court denied the bail request, it permitted Soren to participate in his uncle’s funeral rites.

Hemant Soren, embroiled in a money laundering case, had requested provisional bail specifically to perform the funeral rites for his deceased uncle, Raja Ram Soren. His legal team argued that as the eldest nephew and given that his uncle had no sons, Soren held a familial obligation to conduct these rites.

Justice Rongon Mukhopadhyay, presiding over the case, noted that bail in cases involving money laundering is generally granted only under exceptional circumstances. The judge found that Soren’s situation did not meet this threshold for an interim release.

During the proceedings, it was noted that Soren’s petition failed to state that no other male family members were available to perform the rites—a point that was only brought up by his counsel during the hearing. This detail influenced the High Court’s decision to deny the provisional bail.

The court’s order, dated May 3, elaborated on this decision:

“The last rites of the uncle of the petitioner (Soren) are to be performed on 06.05.2024, and no statement has been made in the petition that there are no other male members in the family to perform the customary obligations as well as the last rites of the uncle of the petitioner. No exceptional circumstance has been highlighted to accede to the prayer of the petitioner made in this application. On such consideration, therefore, I am not inclined to grant provisional bail to the petitioner as prayed for and consequently, this application stands dismissed.”

The Jharkhand High Court, while denying provisional bail to former Chief Minister Hemant Soren, did allow him to attend his uncle’s funeral rites on May 6 under police supervision.

The court laid down strict conditions for Soren’s attendance at the funeral:

he is prohibited from making public speeches,

interacting with the media,

or engaging with any witnesses related to his case.

This decision follows the court’s concern over ensuring the proceedings remain uncontaminated by external influences and that law and order is maintained during the event. The court’s order detailed,

“Taking a cue from the observation made in the case of ‘Athar Pervez Vs. State’ to meet the ends of justice, it would suffice that the petitioner be permitted to attend the last rites of his uncle scheduled to be held on 06.05.2024 under police custody, subject to the condition that the petitioner shall not indulge himself in any public speeches and shall have no interaction with any media personnel or any witness of this case. The administration shall ensure that these conditions are strictly complied with. It shall also ensure maintenance of law and order at the venue in question.”

Representing Hemant Soren were advocates Jitendra S Singh, Deepankar, Piyush Chitresh, and Shray Mishra, while the Enforcement Directorate (ED) was represented by advocates Zohib Hussain, Amit Kumar Das, Saurav Kumar, and Rishabh Dubey.

Soren had resigned as the Chief Minister of Jharkhand on January 31, following his arrest by the ED in a case alleging money laundering connected to the “illegal change of ownership of land by the mafia” within the state. Soren has refuted these allegations, arguing before his detention that he was being targeted with “fake papers” as part of a political conspiracy.

Moreover, earlier today, a Division Bench of the High Court dismissed a plea by Soren challenging his arrest by the ED, reinforcing the challenges he faces in contesting the charges levied against him.