In the heart of New Delhi, the Supreme Court beckoned the Enforcement Directorate (ED) on a plea tendered by erstwhile Jharkhand Chief Executive Hemant Soren against the dismissal by the Jharkhand High Tribunal, which rebuffed his opposition to detention in a money laundering lawsuit.
Advocate Senior Kapil Sibal, the voice for Soren, referenced the predicament of Arvind Kejriwal to plead for provisional release to campaign amid the ongoing Lok Sabha electoral campaign. The apex court earmarked the issue for deliberation on May 17.
At first, a panel encompassing Justices Sanjiv Khanna and Dipankar Datta apprised Sibal that the tribunal would handle the matter in the period starting May 20 or after the summer recess. Nevertheless, Sibal fervently contended that the ensuing phase of the electoral race would conclude by May 20, pressing the tribunal to entertain the matter during the current week.
Amidst the hearing, Justice Khanna inquired of Sibal whether his client had retained possession of the terrain since 2009. Sibal retorted, “No, indeed it is the contention of the prosecution… ED emerges in April 2023. They claim that in 2009 or 2010, we are uncertain about the date, he (Soren) appeared and usurped possession forcibly…”.
Justice Khanna pondered whether the tribunal should consider the case in July 2024, given the infeasibility of addressing the matter this week. However, he noted that the tribunal must grant the ED time to furnish a rejoinder.
Sibal protested that the electoral process would conclude and voiced, “Why should I be disadvantaged… your lordships directed us to the High Court. I regret it!”. Justice Khanna reiterated that the tribunal had to allow ED some leeway and informed Sibal, “I hesitated to intervene when you proposed sending us to the High Court. We sent you to the High Court, and we do so in every instance… we felt it would be inappropriate”.
Sibal emphasized that the elections would conclude and implored the tribunal to entertain the matter on May 17, appending, “Then you may grant interim release…”.
Justice Khanna rebutted, “No, I am sorry, not without hearing the ED”. Sibal lamented that grave injustice was being inflicted upon his client and invoked “Arvind Kejriwal’s directive applies to me”, persisting that ED had been served on May 6. Sibal recommended withdrawal, asserting their inability to partake in the electoral process.
Justice Khanna remarked, “May (20) signifies the election (next phase). On May 17, we cannot issue the ruling… we have dispatched a brief notification, the briefest feasible”. Nonetheless, Sibal persisted on a hearing within the week. Following Sibal’s plea, the panel acceded to tackle the matter on May 17.
The inquiry into Soren pertains to an 8.86-acre expanse in Ranchi that ED alleges he illicitly procured. The investigation into money laundering emanates from multiple First Information Reports filed by Jharkhand Police in land “scandal” suits against various individuals, including state governmental personnel.