BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Against ED Arrest, Asks Him To Approach High Court

The Supreme Court on Friday (February 2) refused to entertain a writ petition filed by former Jharkhand Chief Minister, Hemant Soren, challenging his arrest by the Directorate of Enforcement (ED) in connection with an alleged land scam case.

The court asked Soren to approach the Jharkhand High Court under Article 226 of the Constitution, adding that Soren was at liberty to seek expeditious listing of his petition before the high court.

Yesterday, Senior Advocate Kapil Sibal, accompanied by Senior Advocate Abhishek Manu Singhvi, mentioned Soren's matter before a bench led by Chief Justice DY Chandrachud, who agreed to an urgent hearing today. Accordingly, a special bench comprising Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi was constituted to hear the Jharkhand Mukti Morcha (JMM) chairperson's writ petition.

As soon as the matter was taken, Justice Khanna asked Sibal why the matter could not be heard by the high court. Sibal reasoned, "If in these kind of matters, this court doesn't send a message...We are dealing with a chief minister who has been arrested. See the evidence. This is not fair."

"First, courts are open to everybody. Second, high courts are constitutional courts. If we permit one person to come here, we will have to allow everyone," Justice Khanna countered. He also pointed to an earlier order passed by the Supreme Court refusing to entertain Soren's petition against ED summons, asking him to approach the jurisdictional high court. He further pointed out that the writ petition was originally filed challenging ED summonses and now that he has been arrested, alternative remedies ought to be availed.

Incidentally, Soren had filed a petition in the Jharkhand High Court challenging the ED arrest. Later, a similar petition was filed in the Supreme Court, with Sibal undertaking to withdraw the petition filed in the high court.

In an attempt to persuade the bench to entertain Soren's petition under Article 32 of the Constitution, Sibal argued, "Your Lordships have discretion. This is a case where that discretion ought to be exercised."

Echoing this submission, Singhvi said, "Your Lordships have concurrent jurisdiction. There is no necessity of arrest..."

Despite their fervent appeals, the judges remained unswayed, ultimately declining Soren's request for relief under Article 32 of the Constitution. However, the bench clarified that he could pursue a legal remedy before the high court under Article 226. It also added, "...We are informed that petitioner has already preferred a writ petition before Jharkhand High Court, which is still pending...It will also be open to him to ask for expeditious listing and disposal of the case."

When Soren's lawyers urged the bench to fix a timeframe for the high court to hear the matter , Justice Khanna replied, "When you press for it, they will hear you out. We are not going to control the high court."

After the pronouncement of the order, Additional Solicitor General SV Raju remarked, "A separate bench constituted...A common man would never get these benefits."

Protesting, Sibal exclaimed, "They are trying to topple this government, that's a fact."

Soren has maintained that the criminal proceedings against him lack jurisdiction, contending that no predicate offence justifies the investigation and subsequent arrest. Terming the arrest both arbitrary and high-handed, the senior politician has stressed the absence of any connection between him and the alleged proceeds of crime related to the predicate offence. His petition alleges a fundamental right violation under Article 21 of the Constitution of India and challenges the 'vindictive' and 'brazen' actions of the authorities. A crucial facet of Soren's defence revolves around the nature of the disputed land, suggesting that it might be bhuinhari land, ownership or possession of which cannot be lawfully transferred. The rightful owners, as per Soren's claim, have staked their rights to the land and sought possession of those parts that have been encroached. Furthermore, the petition clarifies that no portion of the contested land is registered in Soren's name or under his possession.

The writ petition further alleges:

"The arrest is arbitrary, illegal and the petitioner's liberty has been curtailed illegally and the officers of the Enforcement Directorate has abused their powers for extraneous considerations under the dictates of the central government as the Petitioner, as the leader of Jharkhand Mukti Morcha, is a prominent opposition party and an active constituent of the INDIA alliance. The arrest is a part of a well-orchestrated conspiracy which has been given shape at the anvil of the General Elections slated in a few months."

Contrastingly, the ED contends that the approximately 8.5 acres of property in question constitutes proceeds of crime, charging Soren with unauthorised possession and usage. The agency alleges Soren's direct involvement in the acquisition, possession, and utilisation of these proceeds, accusing him of colluding with others, including Bhanu Pratap Prasad, in concealing original records to portray the acquired property as untainted.

Background

Hemant Soren, former chief minister of Jharkhand, is being investigated for money laundering charges in connection with an illegal mining case, as well as an alleged land scam in Ranchi, the state's capital. The Enforcement Directorate is investigating both cases, and several individuals, including an IAS officer and a businessmen, have already been arrested in connection with the land scam case. The latest arrest by the central agency was of Soren's, on January 31, after he was questioned for over seven hours at his official residence. Following the inquisition by ED officials, Soren resigned as chief minister. After Governor CP Radhakrishnan accepted his resignation, Senior Jharkhand Mukti Morcha leader and Transport Minister Champai Soren assumed charge as the new leader of the legislature party.

Soren promptly challenged the arrest in the Jharkhand High Court, with the hearing slated for February 1. Simultaneously, he approached the Supreme Court, challenging his arrest under the Prevention of Money Laundering Act. Senior Advocate Kapil Sibal argued that the arrest raised critical questions about the application of Section 19 of the PMLA and questioned the manner in which Soren was taken into custody. He also assured the top court that that parallel litigation before the high court would be dropped.

In September last year, the JMM chairperson had approached the Supreme Court challenging summonses by the Enforcement Directorate in connection with the money laundering case. However, after the top court expressed its disinclination to entertain the matter, pointing to the alternative remedy available under Article 226 of the Constitution, Soren agreed to withdraw his plea. 

Case Details

Hemant Soren v. Union of India & Anr. | Writ Petition (Criminal) No. 48 of 2024 

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