New Delhi: SC stays trial in ED case against Jharkhand CM Hemant Soren
The Supreme Court on Wednesday granted reprieve to Jharkhand chief minister Hemant Soren by staying the trial proceedings against him in a case lodged by the Enforcement Directorate (ED) over his repeated non-compliance with summons in an alleged land case.
The case against Soren was filed under section 174 of the Indian Penal Code (IPC) that seeks to punish a person who disobeys summons issued by a public servant, in this case summons issued by ED. The case was lodged in 2024 as the ED alleged that Soren refused to turn up for questioning despite issuance of seven summons.
A bench headed by Chief Justice of India (CJI) Surya Kant issued notice to the ED and held, “Meanwhile proceedings in the case shall be kept in abeyance.” Section 174 IPC carries a maximum sentence of one month simple imprisonment.
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At the same time, the court reminded ED to focus on the bulk of complaints being probed against Soren in connection with the alleged cases.
The bench, also comprising justices Joymalya Bagchi and Viipul M Pancholi said, “We read in the newspapers that you (ED) have bulk complaints against him. You have to concentrate on that. You will have some constructive outcome.”
As regards the present case under section 174 IPC, the bench observed, “These are in terrorem (to coerce the accused) prosecution. Your purpose has been served.”
Appearing for Soren, senior advocate Mukul Rohatgi along with advocate Pragya Baghel said that the present prosecution was aimed to harass him being the chief minister of a state.
“The trial is almost complete. I am getting summons after summons. Why do you want to go against the CM in this manner?”
Additional solicitor general (ASG) Anil Kaushik appearing for ED said, “We have issued seven summons. Not even once has he appeared.”
The court noted that Soren is already out on bail in the main case related to the alleged land case in connection with which summons were issued.
Further, ED submitted that such non-cooperation was hampering the investigation of a serious offence of money laundering, involving proceeds of crime worth several hundred crores of rupees and despite being a public servant, Soren has chosen to remain non-cooperative and reluctant to join the investigation.
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