Apex Court To Hear SLP Against High Court's Judgment Upholding Hemant Soren's Arrest By ED On May 13, His Plea Seeking Pronouncement Of Verdict By High Court Closed As Infructuous

The Supreme Court, today, dismissed the petition for directions to the Jharkhand High Court to pronounce a verdict in the plea filed by the former Jharkhand Chief Minister and Jharkhand Mukti Morcha (JMM) leader Hemant Soren, as verdict in the said case has been pronounced on May 3.

The Court said that all the contentions raised in the present petition can be raised in the SLP filed by him challenging the Jharkhand High Court's May 3 order dismissing his application challenging arrest by the ED in a money laundering case linked to an alleged land scam.

The Special Leave Petition challenging the Jharkhand High Court's order is now listed on May 13, 2024, before the same Bench.

The Bench Justice Sanjiv Khanna and Justice Dipankar Datta observed, "The present Special Leave Petition has become infructuos and accordingly disposed off. We clarify that all pleas and contentions raised herein can be raised in the Special Leave Petition which is filed challenging the order dated 03.05.2024."

Senior Advocate Kapil Sibal, for Soren, told the Court with respect to the other SLP, "We have served the other side, they will come and take some time."

Sibal also requested the Court to not dispose of the matter and said, "I will make legal submissions, I have a right as a citizen, forget that I was a Chief Minister...to be dealt with fairly by the High Court."

Justice Khanna said, "Who is denying that? We will take it up with the other matter."

Justice Datta emphasised, "You have already raised all these points there."

ASG SV Raju also appeared on behalf of ED.

Former Jharkhand Chief Minister Hemant Soren had moved the Supreme Court, saying the high court is not pronouncing the verdict on his plea challenging arrest by the Enforcement Directorate(ED) in a money laundering case. Senior Advocate Kapil Sibal, appearing for Soren, had said that the high court had reserved its verdict on February 28 on his plea but still no decision has been delivered. Sibal said they had approached the top court against his arrest on February 2 but the bench had asked them to move the high court for relief.

The Bench had issued a notice in the plea on April 29, 2024, and said, "Issue notice, returnable in the week commencing May 6, 2024. In the meanwhile, it will be open for the High Court to pronounce the Order which was reserved on 28th February 2024".

Former Chief Minister Hemant Soren had also moved the Supreme Court on May 6, 2024, against the Jharkhand High Court order dismissing his application challenging his arrest by the ED in a money laundering case linked to an alleged land scam. Senior Advocate Kapil Sibal had mentioned the matter before a three-judge bench headed by Chief Justice D Y Chandrachud seeking urgent listing of his plea. Sibal said polling in Jharkhand for the Lok Sabha elections will commence on May 13 and Soren should be allowed to campaign for his party JMM.

The Jharkhand High Court had on May 3, 2024, had dismissed Soren's writ petition challenging his arrest by the Enforcement Directorate (ED) and denied bail to him.

Soren was arrested on January 31 after he resigned as the Jharkhand chief minister, and party loyalist and state transport minister Champai Soren was named as his successor. He is at present lodged in judicial custody at the Birsa Munda Central Jail in Ranchi and was sent to jail on February 15 after his 13-day ED custody ended.

The allegations of money laundering against the JMM leader pertain to the alleged illegal possession of certain immovable assets apart from his purported links with members of the 'land mafia'. The investigation is linked to a "huge racket of illegal change of ownership of land by the mafia" in Jharkhand, according to the central probe agency.

In February 2024 the Supreme Court had refused to entertain a plea by  Soren challenging his arrest by the ED.

In December 2023 the Jharkhand High Court had also dismissed the Public Interest Litigation (PIL) of an Advocate who alleged corruption by Soren. The Court had observed that the petition should be filed and entertained only when authorities do not take any action.

Cause Title: Hemant Soren v. Directorate of Enforcement and Anr. (SLP( Crl.) No. 5769 of 2024)