Today(on 29th July),The Supreme Court will hear the ED’s appeal against the Jharkhand High Court’s bail grant to Chief Minister Hemant Soren in a money laundering case. The session, will be conducted by a bench of Justices BR Gavai and KV Viswanathan.
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NEW DELHI: Today(on 29th July), The Supreme Court of India is set to hear the Enforcement Directorate’s (ED) appeal challenging the Jharkhand High Court’s decision to grant bail to Chief Minister Hemant Soren in a money laundering case linked to an alleged land scam.
The hearing, scheduled for today, will be presided over by a two-judge bench comprising Justice BR Gavai and Justice KV Viswanathan.
This significant case has drawn considerable attention due to its high-profile nature and the serious allegations involved. The Jharkhand High Court, in a decision on June 28, granted bail to Soren. This decision was made by a single judge bench led by Justice Rongon Mukhopadhyay.
Following the bail grant, the Enforcement Directorate promptly challenged the decision. On July 8, the ED approached the Supreme Court, seeking a reversal of the High Court’s order. The ED contended that the High Court’s decision to grant bail was “illegal” and argued that the “Jharkhand HC erred in saying” there is no prima facie evidence against Soren.
Hemant Soren has been embroiled in legal battles since his arrest by the ED on January 31 this year. The case against him involves allegations of money laundering related to a land scam. Soren has vehemently denied these allegations, asserting his innocence and claiming he was not involved in “any illegal act.”
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In contrast, the Additional Solicitor General (ASG), S V Raju, representing the ED, presented a strong case against Soren. Raju argued that Soren had been in illegal possession of the land since 2009-10.
“Chief Minister Hemant Soren neither holds the title to the 8.86 acres of land nor is his name listed in any records. However, his possession of the land is considered illegal and constitutes an offense.”
– stated the agency.
During previous hearings, Soren had submitted before the Supreme Court that his arrest was unjustified. He emphasized that there was no substantial evidence against him at the time of his arrest to warrant charges under the Prevention of Money Laundering Act (PMLA).
“I was arrested on January 31, 2024, and up until that date, there was no evidence against me to justify invoking the PMLA. Even if all the claims made by the ED are accepted, no offense can be established as illegal land possession is not a scheduled offense. Therefore, the arrest itself was unjustified, as the evidence in possession does not warrant such an arrest.”
-argued Senior lawyer and President of the Supreme Court Bar Association (SCBA) Kapil Sibal, who is representing Soren.
Sibal also raised concerns about the timing and motivations behind the ED’s actions. He pointed out that according to the ED’s claims, Soren had forcibly occupied the land in 2009-10, yet no legal proceedings were initiated against him until April 2023.
“Possession of land, illegal possession of land, or forcible possession of land is not a scheduled offense. Everything has been fabricated by the ED.”
-Sibal contended.
