New Delhi: The Supreme Court on Monday sought a response from the Enforcement Directorate (ED) on a petition filed by former Jharkhand Chief Minister Hemant Soren against the Jharkhand High Court order, which rejected his challenge to arrest in a money laundering case.
Senior advocate Kapil Sibal, representing Soren, cited Arvind Kejriwal’s case to seek interim bail for campaigning during the ongoing Lok Sabha election. The apex court has scheduled the matter for hearing on May 17.
Initially, a bench comprising Justices Sanjiv Khanna and Dipankar Datta told Sibal that the court would take up the matter in the week commencing on May 20 or after the summer vacation. However, Sibal vehemently argued that the next phase of the election will be over by May 20 and urged the court to consider the matter in this week.
During the hearing, Justice Khanna asked Sibal is he saying that his client has been in possession of the land since 2009? Sibal replied, "No, in fact it is the prosecution’s case….ED comes in April 2023. They say that in 2009 or 2010, we do not know which date, he (Soren) came and took forcible possession…”.
Justice Khanna said should the court consider the case in July 2024, as it cannot consider the matter this week, but it can consider the matter next week, and pointed out that the court would have to give time to ED to file a response.
Sibal said then the election will be over and "Why should I be prejudiced…your lordships sent us to the High Court. I am sorry!". Justice Khanna reiterated that the court has to give some time to ED and told Sibal, "I did not want to interfere when you said send us to the High Court. We send you to the High Court and we do it in all cases….we felt that would be wrong".
Sibal pressed that the election will be over and requested the court to hear the matter on May 17, and added, "Then you may order interim bail…".
Justice Khanna said, "No, sorry not without hearing the ED”. Sibal said grave injustice is being done to his client and "Arvind Kejriwal's order covers me", and insisted that on May 6, ED was served. Sibal said we should withdraw as we cannot participate in the election.
Justice Khanna said, "May (20) is the election (next phase). On May 17, we cannot pronounce the order….we have issued a short date notice, shortest possible". However, Sibal insisted on a hearing this week. After hearing Sibal, the bench agreed to take up the matter on May 17.
The probe against Soren is in relation to an 8.86-acre plot of land in Ranchi that the ED has alleged was illegally acquired by him. The money laundering investigation stems from multiple FIRs registered by Jharkhand Police in land "scam" cases against several people, including state government officials.
