[BREAKING] Hemant Soren’s Interim Bail Plea Opposed by ED in Supreme Court

The Enforcement Directorate opposed in the Supreme Court Today (May 20^th) former Jharkhand chief minister Hemant Soren’s plea seeking interim bail in a money-laundering case linked to an alleged land scam to campaign in the Lok Sabha polls.

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NEW DELHI: The Enforcement Directorate (ED) opposed former Jharkhand Chief Minister Hemant Soren‘s plea for interim bail in a money-laundering case linked to an alleged land scam, aiming to campaign in the Lok Sabha elections.

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.

A vacation bench headed by Justice Dipankar Datta is scheduled to hear Soren’s plea against his arrest and his request for interim bail on Tuesday.

“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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