[BREAKING] Hemant Soren to SC: “Dismiss My Petition But Don’t List it on May 20”

The Supreme Court Today (May 13th) issued notice to the Enforcement Directorate (ED) on the plea filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest in a money laundering case.

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NEW DELHI: The Supreme Court embarked on a legal inquiry into the arrest of former Jharkhand Chief Minister Hemant Soren, initiating proceedings in response to Soren’s plea contesting his detention in a money laundering case.

The case has prompted the Bench of Justices Sanjiv Khanna and Dipankar Datta to issue notice to the Enforcement Directorate (ED), scheduling the hearing for May 17.

The timeline of events unfolded with Senior Advocate Kapil Sibal, representing Soren, pressing for an urgent hearing, citing the ongoing Lok Sabha elections. Despite the Court’s initial inclination to list the matter later, Sibal’s insistence led to a reconsideration. However, Sibal’s frustration was palpable when the Court hinted at a possible delay, prompting him to even suggest withdrawal of Soren’s plea.

“Then dismiss it…elections are over. Kejriwal order covers me,”

-remarked Sibal, referencing a recent order granting interim bail to Chief Minister Arvind Kejriwal.

Sibal further proposed interim bail for Soren if the Court opted to defer the hearing until July. Nevertheless, the Court remained steadfast in its decision to hear the ED’s side before making any determinations.

The exchanges between the Court and Sibal oscillated between urgency and procedural adherence. Despite Sibal’s accusations of the ED’s deliberate non-appearance, the Court remained resolute in its stance. Eventually, the Court acceded to list the matter for consideration on May 17, albeit with a caveat from Justice Khanna suggesting potential delays.

“The whole purpose of the exercise is something you also know…We served ED on May 6,”

-Sibal submitted, alleging that the central agency was purposely not appearing in the matter.

Amid the back and forth between the Court and Sibal over listing of the case, the senior lawyer at one point even suggested withdrawal of Soren’s plea.

“What? We are giving shortest possible time,” Justice Khanna said in response.

Ultimately, the Court agreed to list the matter for consideration on May 17. However, Justice Khanna also remarked that it may not be possible to hear the matter on that day.

“My lords are smiling…this Court will surely hear,” said Sibal.

Justice Khanna on a lighter note said,

“Whenever I smile, lawyers say I am dismissing the case”.

The Court’s light-hearted exchange with Sibal added a moment of levity to the proceedings. Justice Khanna’s remark about lawyers interpreting his smiles as dismissals injected a touch of humor into the otherwise solemn proceedings.

The crux of the legal battle lies in Soren’s challenge against the Jharkhand High Court’s decision to dismiss his plea against the arrest. Soren, who resigned as Chief Minister in January, found himself entangled in legal woes over allegations of involvement in the “illegal change of ownership of land by the mafia” in Jharkhand.

During today’s hearing, Sibal vehemently denied Soren’s possession of the disputed land, refuting the allegations levied against him. However, the Court cited statements from various parties asserting Soren’s involvement, raising questions about his purported possession.

The legal saga traces back to a prosecution complaint filed by the ED in 2016, implicating Soren and others under the Prevention of Money Laundering Act (PMLA). Despite Soren’s denial of the money laundering allegations, his pre-arrest video release alleging a conspiracy underscores the complexity of the case.

EARLIER IN APEX COURT

The Supreme Court earlier disposed the plea of former Jharkhand Chief Minister Hemant Soren regarding his arrest as “infructuous,” following changes in the underlying circumstances since the plea was filed.

Soren initially approached the Supreme Court after the Jharkhand High Court did not deliver a verdict on his bail application, which had been pending since February. The Supreme Court indicated that any challenge to the Enforcement Directorate (ED)’s actions could be pursued through a new petition against the recent High Court judgment.

On May 7, Soren’s situation worsened as the Jharkhand High Court dismissed his writ petition that challenged his arrest by the ED and also denied him bail. This led him to once again turn to the Supreme Court, marking his third attempt to obtain relief from the apex court.

Justices Sanjiv Khanna and Dipankar Datta clarified that Soren is free to present all his arguments in an upcoming petition.

“It is clarified that all pleas and contentions can be raised in the SLP (Special Leave Petition) filed challenging the HC order of May 3, 2024,”

-the bench noted, indicating that the matter could be thoroughly addressed in the forthcoming proceedings scheduled for next week.

During the hearing, Senior Advocate Kapil Sibal, representing Soren, argued against dismissing the initial petition as infructuous. He expressed concerns that the Enforcement Directorate (ED) would likely request additional time to respond in the new petition, potentially prolonging the process.

Sibal emphasized the importance of fair treatment in the judiciary, recalling his previous warnings about potential delays:

“I have a right as a citizen to be dealt with fairly by the HC….I remember telling your Lordships that this will happen if I am sent to HC, it has happened,”

-he stated.

Despite these concerns, the bench maintained that the appropriate venue for these arguments would be the new petition, signaling a readiness to consider all of Soren’s legal arguments at that time.

This was the third time the Jharkhand Mukti Morcha chief earlier moved the Supreme Court. Previously, the Supreme Court had dismissed Soren’s appeals related to his arrest, advising him to seek redress from the High Court. The court maintained that it was not appropriate to directly handle a plea contesting an ED arrest without it going through the high court first.

Representing Soren, Senior Advocate Kapil Sibal presented the case before Justice Sanjiv Khanna, expressing concern over the High Court’s delay in judgment despite the hearings on February 27 and 28.

Sibal articulated the urgency of the matter, pointing out the potential prolongation of Soren’s jail time coinciding with the upcoming Lok Sabha elections. He stated,

“We had moved an Article 32 plea in Hemant Soren matter. We had (later) approached High Court and the matter was heard on Feb 27-28 and judgment is not delivered yet. The man will be inside and elections will be over. If we say something more then it will be like we are attacking judiciary.”

Justice Khanna responded that the decision to schedule the case would be at the discretion of the Chief Justice of India (CJI), advising Sibal,

“The Chief Justice secretariat will take a call. Please inform once.”

In response to the discussion, Sibal remarked,

“This is very sad.”

To which Justice Khanna countered,

“You are (already) pronouncing the order.”

Soren relinquished his role as Chief Minister on January 31, following his apprehension by the Enforcement Directorate (ED) over accusations related to the illicit transfer of land ownership facilitated by criminal entities in Jharkhand.

On June 23, 2016, the ED lodged a prosecution complaint under Section 45 of the Prevention of Money Laundering Act (PMLA) against Soren, another individual named Ranjan, nine additional people, and three corporations.

While those accused remain detained, Soren has repudiated the charges of money laundering. In a video broadcast shortly before his detention, he asserted his innocence, claiming, “fake papers” were being used to fabricate a plot against him.

Following his arrest, Soren initially sought redress from the Supreme Court under Article 32. However, the apex court declined to intervene at that stage, directing him to first take his grievances to the High Court, which subsequently took up the case but has yet to declare its verdict.

Soren was taken into custody by the ED on January 31 following an extensive seven-hour interrogation, under suspicion of involvement in a significant land scam. Prior to his detention, he had resigned from his position as Chief Minister of Jharkhand, with his colleague Champai Soren assuming the role.

The allegations against Soren involve a vast scheme involving the illicit transfer of land ownership orchestrated by local mafias. To date, the ED’s investigation has led to the arrests of 14 individuals, including a high-ranking IAS officer, Chhavi Ranjan, who served as the director of the state’s social welfare department and as the deputy commissioner of Ranchi.

Click Here to Read Previous Reports on Hemant Soren

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