Jharkhand Former CM, Hemant Soren- right
The Supreme Court on Wednesday, May 22, refused to provide any interim relief to the former Jharkhand’s Chief Minister, Hemant Soren in connection with an alleged money laundering case linked to land grabbing.
Hearing on the petition, a bench of justices Dipankar Dutta and Satish Chandra Sharma on Wednesday pulls up Soren for not disclosing about a cognizance taken by a Jharkhand’s trial court in April this year.
“Tell us why this was not mentioned anywhere that cognizance has been taken. Why was cognizance not disclosed,” asked the bench to Soren’s council, Sibal, reported Bar and Bench.
This comes on the heels of the SC’s observation on Tuesday that a trial court has already taken cognizance of the offences under the Prevention of Money Laundering Act (PMLA) relying on prima facie incriminating materials against Soren and rejected his bail plea.
When the hearing commences on Wednesday, the bench asked Soren’s council that whether he was aware of the cognizance order of April 4 to which Sibal replied in Yes. The bench then pulls up Sibal for suppressing the material facts in his petition that he filed before the apex court saying that high court was not pronouncing its verdict in the case.
The bench reminded Sibal, that it had queried about the nature of relief sought by him to which he had replied ‘bail’ suppressing that the bail plea is pending before a special court.
Sibal then submitted that it was his mistake and that he should have told the court in April that he was seeking release not bail. The court further observed that it expected some candor from Sibal’s client and he should have informed that bail was moved.
The bench further stated that it does not approach writ petitions when aware that another forum has been approached already. “Why were we not informed about it? We do not approach writ petitions when we know another forum has been approached already, said the bench while asking Sibal that whether he wants to withdraw his petition or like to be dismissed.
I will withdraw, said Sibal while submitting that the mistake has been made by the lawyers’ side not from his client Soren.
It must be noted that earlier while hearing the petition, SC on May 17 had also refused to give interim relief to the former Jharkhand Chief Minister, Hemant Soren for the purpose of campaigning in the ongoing Lok Sabha elections.
While replying to Soren’s council, Sibal, the bench had stated that an interim relief would require the former Chief Minister to satisfy the court that the land claimed by the ED to be proceed of crime did not belong to him.
“Unless the bench is prima facie satisfied no order can be passed,” remarked the bench while pointing out that they (prosecution) have the statement of a person who was found in the land. There are boundary walls, they also have photographs.
The court had listed the matter before a vacation court after ED’s council Additional Solicitor General (ASG) SV Raju sought for time. During the hearing Raju had also submitted that Soren was arrested in January this year and his regular bail petitions were dismissed by the court.
Earlier Soren’s council Sibal on May 13 had requested the bench for a interim relief similar to Delhi’s Chief Minister Arvind Kejriwal who was earlier granted a bail for campaigning in general election, “My case is covered by Arvind Kejriwal and I need bail for election campaigning,” said Sibal to the bench. The bench, however had listed the matter for May 17
Notably, the apex court on May 10 had also disposed of a petition of Soren seeking directives on the delay in the verdict by Jharkhand’s high court linked to its petition challenging the latter arrest by the ED in connection with the case.
A bench of Justices Dipankar Dutta and Sanjiv Khanna disposed of Soren’s petition, citing that the petition has become infructuous after the high court dismissal of the Soren’s petition.
Soren had moved to the SC seeking directives in the High Court’s delay in pronouncing the judgement in connection with the case. On May 3, the Jharkhand High Court dismissed Soren’s petition challenging his arrest by the ED.
The High Court had earlier reserved its verdict on February 28 of this year. Following the verdict, Soren had filed a fresh Special Leave Petition (SLP) before the SC, challenging the HC’s order.
Soren was arrested by the ED in connection with the money laundering case linked to alleged land scam on January 31 this year. The ED has alleged that huge amount of proceed from crime were generated through manipulation of official records involving fictitious transactions and forged documents to acquire valuable lands worth crores of rupees in the said scam. He is currently lodged in Hotwar jail in judicial custody.
Now, after the withdrawal of the petition by Soren’s council on Wednesday, it has become almost certain that the former Jharkhand’s CM would not be able to campaign for his party during the ongoing Lok Sabha Polls unlike Kejriwal.
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