Infructuous: SC on Hemant Soren's plea against High Court's delay in deciding bail application

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Synopsis

“Hemant Soren was arrested on January 31. We moved the high court on February 4. The high court reserved the judgment on February 28 but did not deliver the judgement. The phase of election starts in the state on the 13th of this month. Very unfortunate that rights are being trampled in this fashion,” court was told earlier

The Supreme Court today held the plea filed by Former Jharkhand Chief Minister Hemant Soren over delay by the Jharkhand High Court in deciding his bail application in the case by the Enforcement Directorate (ED) in an alleged land scam case to be infructuous.

This development comes in light of the Jharkhand High Court May 3rd decision whereby it denied him relief after having reserved its orders in his plea in February.

"This has become infructuous now...High Court has pronounced order..", Justice Sanjiv Khanna led bench said.

"I have filed another petition, it is coming on Monday..", Senior Advocate Kapil Sibal for Soren told the bench asking for quick disposal citing ongoing elections.

Soren has approached the Supreme Court of India challenging his arrest by the ED. Two days back, Sibal had mentioned Soren's plea before a CJI DY Chandrachud led bench seeking an urgent hearing, citing the upcoming elections in Jharkhand from May 13.

On April 29, the Supreme Court had issued notice is another plea by Soren seeking interim bail in the case registered by ED.

In February, the bench comprising Justices Sanjv Khanna, MM Sundresh and Bela M Trivedi had asked Soren to approach the High Court with his petition challenging arrest after refusing any relief to him.

Supreme Court of India had earlier agreed to hear Soren's plea who was arrested on January 31, 2024, by the ED after fresh summons were issued to him a few days back for questioning.

Last year in September, Supreme Court had asked CM Soren to approach the High Court with his petition seeking to quash the two summons issued to him by the Enforcement Directorate under Section 50 of the Prevention of Money Laundering Act, 2002.

Soren had challenged the summons being ex facie illegal, null and void, and being violative of the object and provisions of the Prevention of Money Laundering Act, 2002 and impinging upon the Fundamental Rights guaranteed to him under Articles 14,19 and 21 of the Constitution of India.

He added that the case against him was a clear case of abuse of law by the Central Government and misuse of the Central agencies to destabilize the democratically elected Government of the State of Jharkhand of which he is the Chief Minister. 

"With the General Election approaching soon in next 7-8 months, the political atmosphere in country has been vitiated by the ruling regime and all efforts have been made to threaten, humiliate and intimidate the political leaders, and particularly, when the opposition has united to form INDIA alliance in which Petitioner and his party are vocal participant and integral part of alliance and who are not aligned with the NDA...", the plea added.

Case Title: Hemant Soren vs. ED