Money laundering case: SC upholds bail granted to Hemant Soren, rejects ED plea

New Delhi: In a relief to Jharkhand Chief Minister Hemant Soren, the Supreme Court on Monday dismissed the Enforcement Directorate's plea challenging a high court order granting him bail in a money laundering case linked to an alleged land scam.

The apex court said the Jharkhand High Court's June 28 order granting bail to Soren was a "very well reasoned judgement".

"We are not inclined to interfere with the impugned order," a bench of Justices B R Gavai and K V Viswanathan said.

However, the top court said that since the observations made by the high court were with regard to consideration for granting bail, the same would not influence the trial judge, either at the stage of trial or any other proceedings.

"We find a very well reasoned judgement has been rendered by the single judge (of the high court)," the bench said, adding, "We don't want to observe anything more... if we observe, you (ED) might be in difficulty."

Soren, the executive president of the Jharkhand Mukti Morcha (JMM), had resigned as chief minister shortly before the ED arrested him on January 31 in the case. After coming out of jail on bail in the case, he returned as the chief minister of Jharkhand on July 4.

Opposing Soren's bail plea in the high court, the ED had alleged that he misused his position as the chief minister to "unlawfully" acquire 8.86 acres of land in the Bargain area in the state capital Ranchi.

Soren's lawyer had earlier contended that he was falsely implicated in the criminal case by the central agency.

During the hearing in the apex court on Monday, Additional Solicitor General S V Raju, appearing for the ED, claimed the probe agency has evidence to show that the chief minister's office was directly dealing with the issue concerning the land in question.

"Detailed statements are there which clearly indicate his (Soren's) role," Raju said, adding that it is substantiated by evidence also.

He argued the high court has said that statements recorded by the ED under Section 50 of the Prevention of Money Laundering Act (PMLA) cannot be relied upon at the stage of bail.

The bench observed that the high court has considered the statements recorded under Section 50 of the PMLA and given reasons.

It said there was a specific finding that in all the records which were seized from one of the co-accused, there was nothing implicating Soren.

Justice Gavai also referred to a recent statement given by Chief Justice of India (CJI) D Y Chandrachud in Bengaluru that the trial courts play safe when the question of granting bail arises.

The ED had claimed that during the probe, Soren's media consultant Abhishek Prasad admitted that the JMM leader had instructed him to manipulate official records to change the ownership details of the plot.

The agency had also claimed that the original owner of the land, Raj Kumar Pahan, had tried to lodge a complaint about his land being usurped but it was never acted upon.

Soren was summoned multiple times by the ED before he was questioned at his residence and subsequently arrested on January 31.