Apex Court Issues Notice In Hemant Soren's Plea Against Delay In Pronouncement Of Verdict By Jharkhand HC; Lists For Hearing In Week Commencing May 6

The Supreme Court has issued notice in Former Jharkhand Chief Minister Hemant Soren's plea challenging the delay in pronouncing the verdict on his petition by the Jharkhand High Court regarding his arrest by the Enforcement Directorate in a money laundering case.

The Bench of Justice Sanjiv Khanna and Justice Dipankar Datta said, "Issue notice, returnable in the week commencing May 6, 2024. In the meanwhile, it will be open for the High Court to pronounce the Order which was reserved on 28th February, 2024". 

Senior Advocate Kapil Sibal, on behalf of Soren, at the outset, submitted, "The facts are before you."

Justice Khanna said, "Has the Order been pronounced?"

Sibal answered in negative. Justice Khanna said, "What now?"

"I want an interim Bail...I am not involved anywhere," the Senior Counsel submitted.

Justice Khanna said, "You may not be involved, but if you have proceeds of crime..the allegations in the complaint if you look at, there is a plot of 8.85 acres. They are trying to collate it with...."

While seeking a shorter date, Sibal submitted, Justice Khanna said, "We are also...". Sibal then replied, "I appreciate that. Your lordships are also pressurised. So are we". 

"There is no question of pressurised", Justice Khanna then said.  "Your lordships are pressurised by the work that you do", Sibal clarified. "Correct. Give us some discretion", Justice Khanna replied.

Accordingly, the Court scheduled the matter for hearing in the week commencing from May 6, 2024.

Senior Advocate Kapil Sibal, representing Soren, had raised the matter before the Court bench Wednesday (April 24). While the Court did not provide a specific date for the hearing, it had assured Sibal of listing the matter as soon as possible.

In his plea, Soren sought an urgent hearing, citing his petition filed under Article 32 of the Indian Constitution. He has expressed concern over the delay in delivering the verdict by the Jharkhand High Court, which had reserved its judgment on February 28 after hearing the matter on February 27–28.

During the proceedings, last week Sibal had emphasized the urgency of the matter, highlighting that Soren remains incarcerated pending the court's decision. He had underscored the need for expeditious resolution, especially considering the upcoming elections. "We had approached the Jharkhand HC, challenging the arrest. The matter is heard on Feb 27–28, and the judgement, which is reserved, has not been delivered yet. The man (Soren) is now inside the jail and if it will be like this, then the elections may be over. If we say something more, then it will be like we are attacking the judiciary," Sibal had contended. 

Responding to Sibal's plea, Justice Khanna had stated that he could not provide a specific date for listing the petition and assured that the Chief Justice of India's secretariat would allocate a date for the hearing.

In a separate development, Soren's Bail plea was rejected by a PMLA Court in Ranchi on Saturday (April 27). He had sought interim bail to attend his uncle's funeral, but the court declined the request. Another plea seeking Regular Bbail is scheduled to be heard on May 1 by a Court in Ranchi.

Hemant Soren was arrested on January 31 in connection with the money laundering case, following his resignation as the Jharkhand chief minister. He has consistently maintained his innocence, asserting that he was not involved in any illegal activities.

Cause Title: Hemant Soren v. Directorate of Enforcement and Others [SLP (Crl) No. 5769/2024]