SC refuses to interfere with arrest of ex-Jharkhand CM Hemant Soren by ED
NEW DELHI: The Supreme Court on Friday refused to interfere with the arrest of former Jharkhand CM and JMM leader Hemant Soren by the Enforcement Directorate (ED) in an alleged money laundering case related to a land deal.
Hearing the leader's plea against his arrest, the top court bench comprising Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi asked him to approach the Jharkhand High Court for relief.
In his plea before the apex court, Soren urged it to declare his arrest as unwarranted, arbitrary, and in violation of his fundamental rights. Soren in his plea also accused the ED of arresting him as part of a "well-orchestrated conspiracy" by the Centre ahead of the Lok Sabha elections due months from now.
During the course of the hearing today, Justice Khanna, leading the bench, asked, "Why should you (Soren) not go to the High Court?"
Replying to this, senior lawyer Kapil Sibal, counsel for Soren, pointed out that they were dealing with a Chief Minister who has been arrested. "See the evidence. This is not fair," Sibal asserted. The apex court said that courts were open to everybody and that high courts were constitutional courts, too.
Sibal, however, went on to plead for relief, adding, "Your Lordships have discretion. This is a case where that discretion ought to be exercised. They are trying to topple this government, this is a fact."
Meanwhile, senior lawyer Abhishek Manu Singhvi, also appearing for Soren, said, "Your Lordships have concurrent jurisdiction. There was no necessity to arrest him (Soren)."
While refusing to grant any relief to Soren, the apex court, observed, "Please go to the high court."
Sibal said, "Give us some time frame, otherwise it would be difficult for us."
The apex court told him, "When you press for it, they (the HC) will hear you out. We are not going to control the high court."
The top court also noted in its order that they were informed that the petitioner (Soren) had already preferred a writ petition before the Jharkhand High Court, which is still pending, adding that Soren could also ask the HC for expeditious listing and disposal of the case.
On the other hand, Additional Solicitor General (ASG) SV Raju, senior lawyer appearing for the ED, said that a separate bench had been constituted. "A common man would never get these benefits," he remarked.
Hemant Soren had filed his plea in the top court yesterday. "This (Soren's arrest) affects the polity of the country. Can a man be arrested like this?", Kapil Sibal had argued before the top court while seeking an urgent hearing.
Background
Hemant Soren, 48, who was arrested on January 31 after resigning as the Jharkhand chief minister had first moved the state high court challenging his arrest in the case. The money laundering case is linked to "illegal" possession of huge parcels of land and alleged association with the "land mafia".
The Enforcement Directorate on Thursday produced Soren before a special PMLA court in Ranchi which remanded him to judicial custody for a day.
Soren was arrested on Wednesday after a marathon seven-hour grilling by the ED in the case. Before his arrest, Soren had tendered his resignation as the chief minister to Jharkhand Governor C P Radhakrishnan at the Raj Bhavan in Ranchi and was then taken to the ED office.
Meanwhile, JMM legislative party leader Champai Soren will take oath as the Jharkhand chief minister on Friday after Governor C P Radhakrishnan nominated him for the post, officials said.
The oath-taking ceremony will be held around 12.15 pm at the Durbar Hall of the Raj Bhavan in Ranchi.
(With additional inputs from PTI, Online Desk)