Yesterday, 3rd July, The Enforcement Directorate (ED) set to approach the Supreme Court to contest the Jharkhand High Court’s decision to grant bail to former Chief Minister Hemant Soren. This move by the ED follows the recent ruling by the Jharkhand HC, which allowed Soren to be released on bail.
New Delhi: The Enforcement Directorate (ED) preparing to file a special leave petition (SLP) with the Supreme Court, challenging a recent Jharkhand High Court decision that granted bail to Hemant Soren, the former chief minister and leader of the Jharkhand Mukti Morcha (JMM), in a money-laundering case.
According to official sources on Wednesday, the ED intends to contest the June 28 ruling by Justice Rongon Mukhopadhyay, arguing that the court’s belief in Soren’s innocence is mistaken and that he does not meet the dual requirements of section 45 of the Prevention of Money Laundering Act (PMLA).
The high court previously found “reason to believe” that Soren was not guilty of the charges brought by the ED and that there was no risk of him committing a similar offense.
Section 45 of the Prevention of Money Laundering Act (PMLA) states that bail can be granted to an individual accused of money laundering if two conditions are satisfied, the court must be prima facie convinced that the accused did not commit the crime, and there must be a reasonable assurance that the accused will not engage in any criminal activity while on bail. The federal agency anticipated to present these arguments in its Special Leave Petition (SLP) to the Supreme Court.
The ED’s legal team requested the high court to delay the implementation of Soren’s bail order for 48 hours on the day relief granted, intending to approach the Supreme Court. However, the high court denied this request.
On Wednesday, Soren staked his claim to become the next chief minister of Jharkhand after his party colleague, Champai Soren, resigned from the position. Soren (48), the executive president of the Jharkhand Mukti Morcha (JMM), arrested by the ED on January 31 at the Jharkhand Raj Bhavan in Ranchi, shortly after resigning as the chief minister.
The money-laundering case against Soren involves the alleged illegal acquisition of an 8.86-acre land in Ranchi with assistance from state government officials and others. On March 30, the ED filed a chargesheet against Soren and several others in a special PMLA court in Ranchi. Additionally, the ED seized the Ranchi land and requested its confiscation by the court.
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This money-laundering investigation is based on multiple FIRs filed by the Jharkhand Police in connection with land scam cases implicating various individuals, including state government officials.
According to a statement by the ED,
“The primary accused in the case is Bhanu Pratap Prasad, a former sub-inspector of the revenue department and custodian of government records. He is alleged to have “misused” his official position to assist several individuals, including Soren, in activities related to the illegal occupation, acquisition, and possession of proceeds of crime in the form of landed properties,”
The agency reported,
“A land mafia syndicate operates in Jharkhand, notorious for falsifying land records in Ranchi.”
This high-profile case gathered significant attention, with Soren’s legal battles drawing widespread public and media scrutiny. The ED’s appeal expected to further intensify the legal and political dynamics surrounding this case, potentially influencing the broader landscape of political accountability and judicial processes in India.
The Supreme Court‘s response to this appeal will be keenly watched, as it could have far-reaching implications for Soren’s political career and the legal landscape in Jharkhand.