“A very well- reasoned order”: SC Dismisses ED's Appeal, Upholds Jharkhand High Court's Bail Grant to CM Hemant Soren

“A very well- reasoned order”: SC Dismisses ED's Appeal, Upholds Jharkhand High Court's Bail Grant to CM Hemant Soren

Titas Mukherjee     Jul 29, 2024 05:27 pm

The Supreme Court on Monday dismissed the Enforcement Directorate's (ED) plea challenging the Jharkhand High Court’s decision to grant bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam. The ED’s appeal to the apex court argued that the High Court's order was "illegal" and unsupported by prima facie evidence. However, the bench, consisting of Justices BR Gavai and KV Viswanathan, found the High Court’s ruling to be "very well reasoned."

The Jharkhand High Court had ruled on June 28 that Soren was not prima facie guilty of money laundering, prompting the ED to appeal the decision. Additional Solicitor General (ASG) SV Raju objected to the High Court’s dismissal of witness statements recorded under Section 50 of the Prevention of Money Laundering Act. However, Justice Gavai responded, "In our opinion, it is a very well-reasoned order," underscoring the High Court’s thorough evaluation.

Justice Viswanathan challenged the ASG's argument by questioning the evidence presented. Justice Gavai also emphasized that the High Court had provided valid reasons for disregarding the Section 50 statements, responding to ASG’s concerns. When ASG sought to continue arguing, Justice Gavai cautioned, "We don’t want to observe anything further. If we observe anything further, you will be in difficulty." He reinforced that the High Court's judgment was well-founded and should not be interfered with. The Supreme Court's bench ultimately decided not to interfere with the High Court’s order. They clarified, "We are not inclined to interfere with the impugned order," and emphasized that the observations made by the High Court were limited to the bail consideration and should not impact the trial or other proceedings.

Jharkhand CM Hemant Soren had been arrested on January 31 in connection with money laundering allegations tied to an illegal mining case and an alleged land scam in Ranchi. The ED claims that Soren’s involvement includes unauthorized possession of approximately 8.5 acres of property, which it asserts constitutes proceeds of crime. The ED’s allegations suggest that Soren, in collusion with others including Bhanu Pratap Prasad, concealed records to falsely present the property as legitimate. The probe agency had previously sought interim bail for Soren before the Lok Sabha Elections, 2024, but his petition was withdrawn after being dismissed by a vacation bench of the Supreme Court. Following this, Soren sought bail from the Jharkhand High Court, which granted it based on the lack of direct evidence linking him to the contested property.​

Reported By: Titas Mukherjee     Place: Kolkata     Jul 29, 2024 05:27 pm




Place : Kolkata     Reported By : Titas Mukherjee     29-07-2024 05:27:14 pm

The Supreme Court on Monday dismissed the Enforcement Directorate's (ED) plea challenging the Jharkhand High Court’s decision to grant bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam. The ED’s appeal to the apex court argued that the High Court's order was "illegal" and unsupported by prima facie evidence. However, the bench, consisting of Justices BR Gavai and KV Viswanathan, found the High Court’s ruling to be "very well reasoned."

The Jharkhand High Court had ruled on June 28 that Soren was not prima facie guilty of money laundering, prompting the ED to appeal the decision. Additional Solicitor General (ASG) SV Raju objected to the High Court’s dismissal of witness statements recorded under Section 50 of the Prevention of Money Laundering Act. However, Justice Gavai responded, "In our opinion, it is a very well-reasoned order," underscoring the High Court’s thorough evaluation.

Justice Viswanathan challenged the ASG's argument by questioning the evidence presented. Justice Gavai also emphasized that the High Court had provided valid reasons for disregarding the Section 50 statements, responding to ASG’s concerns. When ASG sought to continue arguing, Justice Gavai cautioned, "We don’t want to observe anything further. If we observe anything further, you will be in difficulty." He reinforced that the High Court's judgment was well-founded and should not be interfered with. The Supreme Court's bench ultimately decided not to interfere with the High Court’s order. They clarified, "We are not inclined to interfere with the impugned order," and emphasized that the observations made by the High Court were limited to the bail consideration and should not impact the trial or other proceedings.

Jharkhand CM Hemant Soren had been arrested on January 31 in connection with money laundering allegations tied to an illegal mining case and an alleged land scam in Ranchi. The ED claims that Soren’s involvement includes unauthorized possession of approximately 8.5 acres of property, which it asserts constitutes proceeds of crime. The ED’s allegations suggest that Soren, in collusion with others including Bhanu Pratap Prasad, concealed records to falsely present the property as legitimate. The probe agency had previously sought interim bail for Soren before the Lok Sabha Elections, 2024, but his petition was withdrawn after being dismissed by a vacation bench of the Supreme Court. Following this, Soren sought bail from the Jharkhand High Court, which granted it based on the lack of direct evidence linking him to the contested property.​

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