Supreme Court refuses to interfere with Jharkhand HC’s order of granting bail to Hemant Soren

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Jharkhand CM was arrested in a corruption case on January 31Soren, 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 neither involved in money laundering case nor in “any illegal act.”On the other hand, SV Raju, 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 Jharkhand CM, Hemant Soren, had told the apex court earlier, in one of the hearings, through his senior lawyer, Kapil Sibal, that “his arrest is itself wrong” and there is nothing against me till the date of my arresting January 31, to invoke PMLA against me.”I am arrested on January 31, 2024, and there is nothing against me till that date to invoke PMLA against me. No offence is made out even if everything they (ED) say is accepted. Illegal possession of land is not a scheduled offense. 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 action of the ED that the central probe agency claimed, he had forcibly occupied the land in 2009-10, and ultimately the proceedings against me was taken on April 20, 2023 and between 2010 and 2023, there was nothing (no complaint), against me?”Illegal possession of a property is not a scheduled offence. The proceeds of crime has to start at a scheduled offence. The proceeds of crime is the core ingredient of invoking PMLA”, he said and added that but where is the proceeds of crime in this case?. “Possession of land, illegal possession of land, forcible possession of land is not a scheduled offence. Everything has been fabricated them (ED),” Sibal pleaded before the two-judge Vacation Bench hearing.Sibal vehemently opposed the ED’s charges against him that he had forcibly acquired the land, he said that everything was being cooked up and fabricates by them (ED). “I am innocent in the case and seek bail due to the ongoing elections,” Sibal said.



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