The Supreme Court refused to entertain a plea from former Jharkhand Chief Minister Hemant Soren, challenging his arrest by the Enforcement Directorate (ED) in connection with a land fraud case. A special bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi, constituting, directed Heman Soren, leader of the Jharkhand Mukti Morcha (JMM), to pursue his case in the Jharkhand High Court.
Questioning why the petition was not initially filed in the High Court, the bench emphasized the role of high courts as constitutional courts accessible to all. The Supreme Court stated, “Courts are for everyone. High courts are constitutional courts. If we permit one person, then we have to permit everyone.”
Hemant Soren had approached the Supreme Court seeking for the cancellation of summonses issued by the ED and challenging the legality of his arrest. Advocate Sibal argued during the hearing that the Supreme Court possessed discretionary powers, stating, “This is a case where that discretion has to be exercised.” However, Justice Khanna pointed out, “It is apparent that he has been arrested, and you are seeking an amendment. So, move the High Court.”
The bench referenced a prior order from September of the preceding year, which had directed Soren to approach the Jharkhand High Court regarding the ED’s summonses related to a money laundering case associated with the land fraud allegations.
This comes after Hemant Soren was taken into custody by the ED on Wednesday following over seven hours of inquest in the land fraud case. His arrest occurred subsequent to his resignation as the Chief Minister of Jharkhand. Prior to his arrest, Soren had nominated Champai Soren, a JMM leader, as the legislative party leader.
Champai Soren is set to assume office as the new Chief Minister of Jharkhand, a development occurring months before the scheduled Lok Sabha election and state assembly polls later in the year. He has been granted a 10-day period to demonstrate the majority of his government, as confirmed by state Congress chief Rajesh Thakur, whose party is part of the JMM-led alliance. The Rashtriya Janata Dal (RJD), led by Lalu Yadav, is another constituent of this political alliance.
(With inputs from PTI)
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