The Law Advice - News - SC Disposes of Hemant Soren's Plea Against ED Arrest
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SC Disposes of Hemant Soren's Plea Against ED Arrest

SC Disposes of Hemant Soren's Plea Against ED Arrest

Today,  the Supreme Court dismissed former Jharkhand Chief Minister Hemant Soren's plea challenging his arrest by the Enforcement Directorate as "infructuous." This decision came after the Jharkhand High Court had already dismissed Soren's petition seeking similar relief. Soren had filed his petition due to the delay in the High Court's judgment, despite the conclusion of arguments on February 29th.

Following the Supreme Court's issuance of notice on Soren's petition on April 29th, the High Court delivered its judgment on May 3rd, dismissing his challenge to the ED arrest. Subsequently, Soren filed a fresh Special Leave Petition, contesting the High Court's decision.

The bench, led by Justices Sanjiv Khanna and Dipankar Datta, declared that the petition had become irrelevant since the High Court had already pronounced its verdict. The bench emphasized that Soren could present all arguments and contentions in the upcoming second petition, scheduled for next week. "It is clarified that all pleas and contentions can be raised in the SLP filed challenging the HC order of May 3, 2024," the bench affirmed.

Senior Advocate Kapil Sibal, representing Soren, urged the bench not to dismiss the petition as "infructuous." He argued that if the petition were to proceed, the Enforcement Directorate (ED) might request additional time to respond in the new petition, resulting in further delays. "I have a right as a citizen to be dealt with fairly by the HC....I remember telling your Lordships that this will happen if I am sent to HC, it has happened," Sibal asserted.

The bench responded by affirming that all arguments could indeed be considered in the new petition.

Soren resigned from his position as Chief Minister of Jharkhand on January 31 of this year. Subsequently, he was arrested in connection with a land scam case, with allegations suggesting that he was the primary beneficiary of the land fraudulently acquired.

Case Title: HEMANT SOREN VS. DIRECTORATE OF ENFORCEMENT, SLP(Crl) No. 5769/2024

 
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