The Supreme Court on Monday issued notice to the Enforcement Directorate (ED) on a plea lodged by former Jharkhand Chief Minister Hemant Soren against his arrest by the investigation agency in a money laundering case in an alleged land scam case.
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta scheduled the matter on May 17 for ED’s response. Former CM Hemant Soren has filed the petition challenging the Jharkhand High Court’s judgment which dismissed his challenge to the ED arrest.
During the hearing, Justice Khanna asked Hemant Soren’s lawyer Senior Advocate Kapil Sibal if he was in possession of the subject matter land. Kapil Sibal vociferously asserted that Soren was not in possession of the land. He added that the offence regarding forcible possession of land was not a scheduled offence under the Prevention of Money Laundering Act (PMLA).
Subsequently, Justice Khanna asked the counsel if he wanted the petition to be listed after notice in July or during the court vacations, which start on May 18. The Senior Advocate pressed for an early hearing, mentioning the ongoing elections. Though the counsel fervently requested for a listing on Friday (May 17), the bench initially declined, indicating that the matter will be posted in the week commencing on May 20.
Nonetheless, Kabil Sibal said that the election campaigning would be over by then. He further stressed that the High Court delayed the pronouncement of the judgment, despite concluding the arguments on February 28, as it was delivered only on May 3. He pointed out that the delay in the process was depriving Hemant Soren the opportunity to participate in election campaigning.
After the court reiterated that the matter would be listed on May 20, Kabil Sibal said that the bench may dismiss the matter as elections will be over. He also alleged that the ED was purposefully not appearing despite being served advance notice on May 6.
Mentioning that the bench has given the shortest possible date, Justice Khanna reiterated that the matter can be listed only on May 20. Consecutively, Kapil Sibal said that they will withdraw the matter then.
The judge, being surprised, said that even if the matter is listed on May 17, there is no assurance that it would be taken up since there would be many matters listed as it is the last working day before the summer recess. However, Kapil Sibal agreed to take a chance. Finally, the bench agreed to list the matter on May 17.