NEW DELHI: The Supreme Court is scheduled to hear on July 29, Monday, the ED’s appeal challenging the Jharkhand High Court’s June 28 order of granting bail to CM Hemant Soren in connection with a money laundering case allegedly linked to a land scam case.A two-judge bench of the apex court, led by Justice BR Gavai and also comprising Justice KV Viswanathan is scheduled to hear the ED’s appeal on July 29.A single judge bench of the Jharkhand HC, comprising of Justice Rongon Mukhopadhyay had granted bail to Soren on June 28. Challenging this order, the Enforcement Directorate (ED) on July 8 knocked on the doors of the top court. The central probe agency said in its appeal that the HC order granting bail to Soren is “illegal” and that the “Jharkhand HC erred in saying” there is no prima facie evidence against him.Soren, was in jail since he was arrested by the ED on January 31 this year, in connection with his alleged involvement in the money laundering case. He, however, claimed innocence in the case and said that he was not involved in “any illegal act.”On the other hand, the Additional Solicitor General (ASG), S V Raju, appearing for the ED, said that Soren was in illegal possession since 2009-10. Neither title of 8.86 acres vests in Soren, nor his name mentioned in any records. But he is in illegal possession, of the land, which is an offence, the agency said. Soren had in one of the earlier hearings submitted before the apex court that his arrest “itself was wrong” and there was nothing against him till the date of his arrest to invoke PMLA against him.”I was arrested on January 31, 2024, and there was nothing against me till that date to invoke PMLA. No offence can be made out even if everything they (ED) say is accepted. Illegal possession of land is not a scheduled offence. I am saying arrest is itself wrong since all the material in possession does not make out a case for an arrest,” Senior lawyer and President of the Supreme Court Bar Association (SCBA) Sibal, appearing for Soren, had told the apex court.Sibal also questioned the actions taken by the ED pointing out that according to the agency’s claim, Soren had forcibly occupied the land in 2009-10 but the proceedings against him only began in April 2023. He questioned why there was no action taken against Soren between 2010 and 2023. “Possession of land, illegal possession of land, forcible possession of land is not a scheduled offence. Everything has been fabricated by them (ED),” Sibal had said.
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