NEW DELHI: Supreme Court in its order on Monday rejected the appeal of the Enforcement Directorate (ED) challenging the bail granted to Hemant Soren in a money laundering case, after noting that it was "a very well reasoned judgement," by the Jharkhand High Court.
While upholding the Jharkhand HC's verdict, a two-judge bench of the apex court, led by Justice BR Gavai and also comprising Justice KV Viswanathan, however, said that the state High Court's observations should not influence the trial court in the case. "It is a very well reasoned judgement. We are not inclined to interfere with the (HC) order."
During the course of the hearing on Monday, Additional Solicitor General (ASG) SV Raju, opposed the bail granted to Soren by the High Court. "There are documents corroborating ED's case against Soren," Raju told the SC.
Despite strong pleadings by Raju to cancel Soren's bail, the apex court, refused to lend credence to his statement and said, "Valid reasons have been given (by HC) why they are disregarded."
The apex court's Monday order was a big reprieve for Soren, who was fighting cases from trial court, to HC and apex court.
It is to be noted that a single judge bench of the Jharkhand HC's, Justice Rongon Mukhopadhyay, while granting bail to Soren, had on June 28, directed him to be released on furnishing bail bonds and surety in the case.
Challenging this June 28's order, the Enforcement Directorate (ED) on July 8 knocked the doors of the Supreme Court challenging the Jharkhand HC's order of granting bail to Soren in connection with a money laundering case allegedly linked with a land scam case.
The Central probe agency, said in its appeal that the HC order granting bail to Soren is "illegal" and that the "Jharkhand HC erred in saying" there is no prima facie evidence against him.
Jharkhand CM was arrested in a corruption case on January 31
Soren, was in jail, since he was arrested by the ED on January 31, this year, in connection with his alleged involvement in the money laundering case. He, however, claimed innocence in the case and said that he was neither involved in money laundering case nor in "any illegal act."
On the other hand, SV Raju, said that Soren was in illegal possession since 2009-10. Neither title of 8.86 acres vests in Soren, nor his name mentioned in any records. But he is in illegal possession, of the land, which is an offence.
The Jharkhand CM, Hemant Soren, had told the apex court earlier, in one of the hearings, through his senior lawyer, Kapil Sibal, that "his arrest is itself wrong" and there is nothing against me till the date of my arresting January 31, to invoke PMLA against me.
"I am arrested on January 31, 2024, and there is nothing against me till that date to invoke PMLA against me. No offence is made out even if everything they (ED) say is accepted. Illegal possession of land is not a scheduled offense. I am saying arrest is itself wrong since all the material in possession does not make out a case for an arrest," Senior lawyer and President of the Supreme Court Bar Association (SCBA) Sibal, appearing for Soren, had told the apex court.
Sibal also questioned the action of the ED that the central probe agency claimed, he had forcibly occupied the land in 2009-10, and ultimately the proceedings against me was taken on April 20, 2023 and between 2010 and 2023, there was nothing (no complaint), against me?
"Illegal possession of a property is not a scheduled offence. The proceeds of crime has to start at a scheduled offence. The proceeds of crime is the core ingredient of invoking PMLA", he said and added that but where is the proceeds of crime in this case?.
"Possession of land, illegal possession of land, forcible possession of land is not a scheduled offence. Everything has been fabricated them (ED)," Sibal pleaded before the two-judge Vacation Bench hearing.
Sibal vehemently opposed the ED's charges against him that he had forcibly acquired the land, he said that everything was being cooked up and fabricates by them (ED). "I am innocent in the case and seek bail due to the ongoing elections," Sibal said.