PMLA Court Rejects Jharkhand CM Hemant Soren's Discharge Plea In Money Laundering Case

A Special Court at Ranchi under the Prevention of Money Laundering Act (PMLA) on Tuesday rejected Jharkhand Chief Minister Hemant Soren's discharge petition in a money laundering case linked to 8.86 acres of land in Ranchi's Badgai area.

The Court held that prima facie material existed for trial.

Special Judge PMLA Yogesh Kumar said:

"Upon overall consideration of the complaint, supplementary complaint, statements u/s 50 of PMLA, documentary evidence and surrounding circumstances relied upon the prosecution, this court is on the opinion that material on record discloses more than a mere suspicion and raises a prima facie case against A-2. At this stage, the court cannot undertake a detailed appreciation of evidence or record finding on disputed questions of fact. The defence contention raised involve matters requiring examination during trial.Hence, in such facts and circumstances, this court finds that there is no ground to discharge the accused. Accordingly, the prayer of discharge of this accused is hereby rejected"

Soren had filed the discharge petition in December last year, contending that the allegations against him were baseless and unsupported by adequate evidence. He argued that he had been unnecessarily implicated in the case and that the Enforcement Directorate (ED) did not possess concrete evidence warranting his prosecution.

The ED opposed the application, submitting that the evidence and documents collected during the investigation were sufficient for the matter to proceed to trial. The agency urged the court to reject the discharge plea and continue with the proceedings.

Accepting the ED's contention at this stage of the case, the court found that the material on record justified continuation of the prosecution.

"Upon the consideration of the contentions raised on behalf of both the parties, I find that discharge jurisprudence favours the prosecution where circumstances cumulatively create gave suspicion. At this stage, ED is not required to prove actual conspiracy, actual manipulation and actual guilt. Rather, it only needs to show the reasonable prima facie inference, ED's cumulative circumstances relied upon to show reasonable prima facie inference are the disputed land under investigation, emergence of SAR proceedings, unusual urgency for order that too co-incidence with ED investigation and broader evidence linking to the possession of the property, his interest and intention to develop commercially exploit the land, viewed together seems sufficient to proceed to trial...

That the prosecution has specifically alleged that the SAR proceedings were utilized as a mechanism to create documentary legitimacy regarding the property and to distance A-2 from it. Though the defence has strongly contended that the SAR proceedings were genuine and unconnected with any criminal activity. Nevertheless, the material presently relied upon by the prosecution cannot be brushed aside as entirely speculative so as to warrant discharge.  This court is conscious that proof of ownership is distinct from proof of possession, control or beneficial enjoyment. The prosecution case is not confined to formal title but extends to alleged possession, use and projection of the property. The cumulative circumstances relied upon by the prosecution are sufficient to raise strong suspicion requiring adjudication through evidence". 

The case concerns alleged money laundering connected to 8.86 acres of land situated in Ranchi's Badgai area. The ED has been investigating the matter under the provisions of the Prevention of Money Laundering Act.

Soren was arrested in the case on January 31. 2024, and remained under custody till June 28, 2024, when the High Court granted him bail. While giving him bail, the High Court had made a prima facie observation that there was no reason to believe that Soren was guilty.

Case title: Hemant Soren v/s The State through ED

Misc. Criminal Application 2447/2025

Counsel for petitioner– Miss Meenakshi Arora, Sr. Adv. Mr. Abhir Datt, Adv. Mr. Debayan Gangopadhyay Sri Pradeep Chandra, Advocate

Ld. Counsel for the ED - Mr. Zoheb Hossain, Adv. Sri Ramit Satender, Spl. P.P

Click Here To Read/Download Order