Money Laundering Case: Supreme Court dismisses Hemant Soren’s plea seeking interim bail, challenging his arrest by the ED

Today (May 22, 2024). The Supreme Court (SC) of India was hearing a plea filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the ED (Enforcement Directorate) in a money laundering case. The bench constituting Justice Dipankar Datta and Justice Satish Chandra Sharma expressed disinclination to entertain the plea seeking interim bail and quashing of arrest in a money laundering case related to land scam. Therefore, the petitioner withdrew the petition. Further, the SC bench observed that the facts related to the Special Court taking cognizance of the ED’s complaint were not disclosed by the petitioner. During the proceedings, Senior Advocate Kapil Sibal appeared for Hemant Soren. The bench came down heavily on Hemant Soren and asked SA Sibal about the cognizance order passed on April 4, 2024. The SC said, “We need certain clarifications first. You did not tell us you had filed a bail petition. We expected some candor... your client should have told us. You can't keep material facts from us.” SA Sibal replied, “I take it as a fault of mine and not the client. The client is in jail. Our intention was never to mislead the court.” He further explained to the Court that the petition was against the validity of arrest, not a bail application; therefore, both the remedies are different. Justice Datta replied, “We can simpliciter dismiss your petition, without commenting on that. But if you argue on points of law, we will have to deal with it.” SA Sibal continued to argue, “Your lordships have held that an order taking cognizance will not stand in the way of release if the arrest is invalid. A writ petition challenging Section 19 (arrest PMLA) does not entitle me to the quashing of the proceedings or acquittal. They can re-arrest. It does not impact the proceedings.” Justice Datta stated “It does. Once you are in judicial custody, the Court has to be very slow in releasing you.” he added, “First of all your conduct is not free from blemish. It is blameworthy. So you may take your chance elsewhere.” After hearing the contentions, the SC refused to entertain Hemant Soren’s petition against the ED arrest.