The Enforcement Directorate (ED) told the Supreme Court Yesterday (May 20th) that the Jharkhand State police filed fake cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against its officers at the behest of former Jharkhand Chief Minister Hemant Soren.
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NEW DELHI: The Enforcement Directorate (ED) informed the Supreme Court on Monday that the Jharkhand State police filed false cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against its officers at the behest of former Jharkhand Chief Minister Hemant Soren.
According to the ED, this was a deliberate attempt to stall the money laundering investigation against Soren. Such misuse of state machinery disqualifies the Jharkhand Mukti Morcha leader from being granted interim bail, the ED stated in its affidavit to the apex court.
“Petitioner is disentitled to seek any interim bail as he has foisted false cases on the investigating officers of ED under the SC/ST Act to prevent and obstruct the authorities under the PMLA from discharging their duties,”
-the affidavit stated.
“If the petitioner is released on interim bail, he will misuse the state machinery to thwart further investigation in the case as well as influence witnesses and tamper with evidence.”
-the affidavit added
The ED’s affidavit further revealed that no action was taken by the Jharkhand government against the implicated officials in the money laundering case, even after the ED shared relevant information with them.
“There is material to suggest that the said persons are being shielded by the accused-petitioner who was the then CM of Jharkhand and till date has a great influence over the administration,”
-it stated.
“Petitioner has committed the offense of money laundering and is involved in criminal activities related to the proceeds of crime. No case for interim bail is made out circumventing the rigors of the mandatory twin conditions of Section 45 of Prevention of Money Laundering Act (PMLA),”
-the ED contended in its affidavit drawn by advocate Zoheb Hossain.
Since Soren’s plea for bail was dismissed by a special court and that decision has not been challenged, the ED argued he cannot seek interim bail in other proceedings directly before the Supreme Court.
A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma will hear the case later today.
The ED has booked Soren in a case concerning a “huge racket of illegal change of ownership of land by the mafia” in Jharkhand. The ED filed a prosecution complaint on June 23, 2016, under Section 45 of PMLA against Soren, ten others, and three companies. To date, over a dozen people have been arrested in the case, including Chhavi Ranjan, a 2011-batch IAS officer who served as Director of the State’s Social Welfare Department and Deputy Commissioner of Ranchi.
The agency recorded Soren’s statement under the PMLA on January 20 this year. He was subsequently arrested and stepped down as Chief Minister of Jharkhand on January 31 following his arrest. Soren, however, has denied the allegations of money laundering. In a video released shortly before his arrest, he claimed he was being detained on the basis of “fake papers” as part of a conspiracy.
In its affidavit filed with the Supreme Court, the ED stated that materials on record substantiate Soren’s involvement in the illegal acquisition and possession of properties, which are considered proceeds of crime.
“Various statements recorded under Section 50 of PMLA, 2002, establish that property admeasuring 8.86 acres, situated at Shanti Nagar, Near Lalu Khatal, Bariyatu is under illegal acquisition, possession, and use of Hemant Soren, and the same has been done in a camouflaged and concealed manner,”
-the ED stated in its affidavit.
Opposing Soren’s interim bail for election campaigning, the ED argued,
“It is relevant to note that the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right.”
The agency further alleged that Soren is actively attempting to subvert the investigation by misusing state machinery and projecting the proceeds of crime as “untainted through his stooges.”
Soren was arrested on January 31 in connection with the money-laundering case linked to the alleged land scam after he resigned as the Jharkhand Chief Minister. He has challenged a May 3 order of the Jharkhand High Court that dismissed his petition against his arrest by the ED. Additionally, he has sought interim bail to campaign in the Lok Sabha elections until the Supreme Court delivers its verdict on his arrest.
On May 13, Soren referred to the Supreme Court’s recent order in a money-laundering case involving Delhi Chief Minister Arvind Kejriwal, seeking similar interim bail for election campaigning.
PREVIOUSLY IN APEX COURT
The Supreme Court on Friday informed former Jharkhand Chief Minister Hemant Soren that it needs to prima facie satisfy itself before considering his request for interim bail in a money-laundering case connected to an alleged land scam, which he sought for campaigning in the Lok Sabha elections.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta instructed the Enforcement Directorate (ED) to file its response by May 20 on the question of granting interim bail to Soren, and a brief response to his plea challenging his arrest in the case.
“Before granting interim bail, we need to satisfy ourselves. Let the ED file its reply on the question of interim bail. We will take up the matter next week. This is the shortest time we can give,”
-the bench stated, listing the matter before a vacation bench on May 21.
Senior advocate Kapil Sibal, representing Soren, assured the court that if granted interim bail, the Jharkhand Mukti Morcha (JMM) leader would surrender on June 2.
“There is no material against me in the case. Elections will be over, if not granted interim bail,”
-Sibal argued.
He, along with senior advocate Arunabh Chowdhury, emphasized that Soren has no connection to the land in question.
Additional Solicitor General S V Raju, appearing for the ED, countered that Soren was arrested a long time ago and has not challenged the dismissal of his regular bail application. Raju requested time to file a reply and maintained that Soren is directly involved in the case.
“Let him (Raju) file all the documents, I can demonstrate in five minutes that the petitioner has nothing to do with the said land,”
-Sibal retorted.
Justice Khanna noted that the ED relied on certain materials, such as the presence of a person on the land, a constructed boundary wall, photographs, file notations, and statements from the occupant.
“There is one more circumstantial evidence which is being relied upon by the probe agency that after the investigation started in the case, another person went and claimed to be the original owner of the land. What do you have to say on these materials?”
-the bench asked Sibal.
Sibal replied that merely because someone claimed the land belonged to “mantriji” (minister), it does not prove Soren’s ownership.
“I will file my written submission and contradict these materials,”
-he stated, highlighting the upcoming polling dates for the remaining Lok Sabha seats in Jharkhand on May 20, May 25, and June 1.
Justice Khanna assured that the court would consider all aspects, and a bench led by Justice Datta would likely take up the matter next week during the summer vacation.
Soren’s plea challenged the May 3 order of the Jharkhand High Court dismissing his petition against his arrest by the ED. He also sought interim bail for election campaigning until the court ruled on his arrest challenge. On May 13, Soren referred to a Supreme Court order granting Delhi Chief Minister Arvind Kejriwal interim bail in a money-laundering case, requesting similar relief.
Soren’s appeal, filed through advocate Praghya Baghel, argued that the high court erred in dismissing his plea. Soren is currently in judicial custody at Ranchi’s Birsa Munda Central Jail. The ED has accused Soren of generating “huge amounts of proceeds of crime” through manipulated official records, using dummy sellers and buyers with forged documents to acquire significant parcels of land worth crores of rupees. The investigation involves an 8.86-acre plot in Ranchi allegedly illegally acquired by Soren.
The Supreme Court had previously granted interim bail to Kejriwal on May 10 in the Delhi excise scam case, enabling him to campaign in the Lok Sabha elections while restricting his visits to his office and the Delhi Secretariat.
On May 13, polling was held in four Lok Sabha seats in Jharkhand: Khunti, Singhbhum, Lohardaga, and Palamu.
Click Here to Read Previous Reports on Hemant Soren
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