Supreme Court junks ED plea, upholds bail to Hemant Soren in money laundering case

Satya Prakash

New Delhi, July 29

Holding that the June 28 Jharkhand High Court order granting bail to Chief Minister Hemant Soren in a money laundering case related to a land deal was “very well-reasoned”, the Supreme Court on Monday dismissed the Enforcement Directorate’s petition against it.

No further observation

We are not inclined to interfere with the impugned orderhellip;We don’t want to observe anything further. If we observe anything further, you will be in difficulty. SC Bench

“We are not inclined to interfere with the impugned order,” a bench of Justices BR Gavai and KV Viswanathan told Additional Solicitor General SV Raju, who represented the ED.

“We clarify that the observations made by the learned single judge are relating to the consideration of bail and the same would not influence the learned trial judge in the trial or any other proceedings,” the Bench said.

As Raju sought to emphasise that the High Court was not right in disbelieving the statements of witnesses recorded by the ED under Section 50 of the Prevention of Money Laundering Act, the Bench said: “We don’t want to observe anything further. If we observe anything further, you will be in difficulty.”

The rejection of the ED’s petition by the Supreme Court comes as a major relief to the JMM executive president who had resigned as Chief Minister shortly before the ED arrested him on January 31 in the case. After coming out of jail on bail in the case, Soren took oath as the Chief Minister of Jharkhand again on July 4.

The ED’s counsel had contended before the High Court that if Soren was released on bail, he might commit a similar offence. He had also referred to cases against ED officers in the SC/ST police station.

However, the High Court had said: “Though the conduct of the petitioner has been sought to be highlighted by the ED on account of the FIR instituted by the petitioner against the officials of the ED, but on an overall conspectus of the case, there is no likelihood of the petitioner committing a similar nature of offence.”

The HC said the consequence of the findings recorded by the court “satisfies the condition as at section 45 of the Prevention of Money Laundering Act, 2002, to the effect that there is reason to believe that the petitioner is not guilty of the offence as alleged”.

The ED had alleged that Soren had misused his position as CM to “unlawfully” acquire 8.86 acres of land in the Bargain area in the state’s capital.

The agency had claimed that during the probe, Soren’s media consultant Abhishek Prasad had admitted that the JMM leader instructed him to manipulate official records to change the ownership details of the plot.

The ED had also claimed that the original owner of the land, Raj Kumar Pahan, had tried to lodge a complaint when his land was usurped, but it was never acted upon.