On Tuesday, the Supreme Court adjourned former Jharkhand Chief Minister Hemant Soren’s plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case related to an alleged land scam.
Justice Dipankar Datta’s vacation bench will preside over the continued hearing of the interim bail plea on May 22.
During the hearing, the ED argued against granting interim bail to Soren for election campaigning. The agency stated that it could set a precedent for other incarcerated politicians seeking similar relief.
Senior advocate Kapil Sibal, representing Soren, opposed the ED’s demand to postpone the hearing, citing the urgency of the elections.
Sibal contended that the case involved 8.86 acres of land with which Soren had no connection. He highlighted that the land records from 1979 showed transfers to various individuals when Soren was only four years old.
Sibal also pointed out that the land had an electric connection registered in the name of Hilarious Kachchap, accused number four in the case, and the lease was in the name of Raj Kumar Pahan. He argued that Soren had no association with these individuals.
In its affidavit opposing Soren’s interim bail, the ED argued that the right to campaign is neither a fundamental nor a legal right.
The agency emphasized that even the right to vote, deemed a statutory or constitutional right by the court, is limited under Section 62(5) of the Representation of the People Act.
The ED noted that granting interim bail for campaigning purposes would hinder the detention of politicians throughout the year, given the frequent elections.
The affidavit highlighted that many politicians are currently in custody under the Prevention of Money Laundering Act (PMLA).
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