Hemant Soren attempting to subvert probe by misusing state machinery: ED tells Supreme Court ahead of Tuesday hearing

Satya Prakash

New Delhi, May 20

Opposing former Jharkhand Chief Minister Hemant Soren interim bail plea to enable him to campaign in the Lok Sabha polls, the Enforcement Directorate on Monday told the Supreme Court that JMM leader was actively attempting to subvert the probe into a money laundering case against him by “misusing state machinery”.

“There is an active attempt on the part of the petitioner (Soren) to subvert the investigation by misusing state machinery and to project the proceeds of crime as untainted through his stooges,” the ED said, in an affidavit filed ahead of Tuesday hearing on his petition before a Bench led by Justice Dipankar Datta.

Arrested on January 31 in the case by the ED, Soren has challenged the May 3 order of the Jharkhand High Court dismissing his petition against the arrest. He has also sought interim bail for campaigning in the Lok Sabha election till the court delivers its verdict on his plea against arrest.

Polling for 14 Lok Sabha seats in Jharkhand is scheduled to be held in four phases — May 13 (4 seats), May 20 (3 seats), May 25 (4 seats) and June 1 (three seats).

On behalf of Soren, senior counsel Kapil Sibal had on May 13 sought parity with Delhi Chief Minister Arvind Kejriwal who was given 21-day interim bail on May 10 to campaign in the Lok Sabha polls.

However, the ED asserted that “the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right.”

If Soren was granted interim bail for poll campaigning, then all incarcerated politicians would seek a similar treatment claiming that they were a “class of their own”, the probe agency said.

It said no politician can be arrested and kept in judicial custody if Soren’s prayer for grant of “special treatment” was granted as elections were an all-year-round phenomenon.

“Under the Prevention of Money Laundering Act (PMLA) alone, presently, there are many politicians who are in judicial custody and their cases are examined by competent courts upholding their custody. There must be several political leaders in judicial custody throughout the country in non-PMLA offences. There is no reason why a special prayer for a special treatment by the petitioner be acceded to,” the probe agency said.

“The petitioner will tamper with the witnesses who have come forward and there is a grave likelihood that he will overawe the witnesses in this case,” the ED said, opposing his interim bail plea.

Alleging that Soren committed the offence of money laundering and was involved in criminal activities related to the proceeds of crime, the ED said, “Various statements recorded under section 50 of PMLA, 2002, which establish that property admeasuring 8.86 acres, situated at Shanti Nagar, Near Lalu Khatal, Bariatu (in Ranchi) is under illegal acquisition, possession and use of Hemant Soren and the same has been done in a camouflaged and concealed manner.”