Hemant Soren calls ED's action against him was to destabilise democratically elected govt in Jharkhand

Feb 01, 2024

New Delhi [India], February 1 : Jharkhand Mukti Morcha (JMM) chief Hemant Soren has approached the Supreme Court against the Enforcement Directorate's action and said that the probe agency has abused all its power and acted in a malafide manner to destabilise a democratically elected government in Jharkhand.
Hemant Soren, who has filed the petition through advocate Pragya Baghel, has sought urgent hearing of his petition. After Senior Advocate Kapil Sibal, appearing for Soren, mentioned the plea before the Supreme Court on Thursday morning, the top court agreed to list it on Friday, January 2.
Soren, in his petition, called his custody illegal, malafide and without jurisdiction.
Hemant Soren has sought to declare the arrest and consequent detention of the petitioner as unwarranted, arbitrary, illegal and violative of the fundamental rights of the petitioner guaranteed and protected under Article 21 of the Constitution of India and direct the respondent agency to forthwith set the petitioner free.
Soren, in the petition, was urged to immediately release him from custody.
"The Enforcement Directorate is brazenly acting under the dictates of the Central Government and hounding the petitioner to destabilise a democratically elected government headed by the petitioner, who is the Chief Minister of the State of Jharkhand," Hemant Soren said in the petition.
The JMM leader told the court that he mentioned his petition to ED through an email dated January 31 sent at 9 pm.
"Even the petitioner himself intimated the same to the officer of respondent no. 2 (ED). It was requested that Respondent No. 2 should await the outcome of the proceedings before the Supreme Court of India," the JMM leader said.
"Despite that officer of Respondent No. 2, led by one Devrat Jha Assistant Director with the deliberate intent to make the present Writ Petition infructuous, has taken the Petitioner in its illegal custody from the precinct of the Governor house, where the Petitioner had gone to tender his resignation as the Chief Minister along with his MLA's and allies who are in clear majority. The custody of the petitioner is illegal, malafide and without jurisdiction," Soren said.
Soren has challenged the ED's summons dated 22.01.2024 and January 25, 2024, purportedly issued under Section 50 of the Prevention of Money Laundering Act, 2002, as illegal, null and void and accordingly quash the impugned summons and all steps taken and proceedings emanating therefrom. "The impugned summons are ex facie illegal, null and void, being violative of the object and provisions of the Prevention of Money Laundering Act, 2002 and impinge upon the fundamental rights guaranteed to the petitioner under Articles 14, 19, and 21 of the Constitution of India. The Enforcement Directorate is brazenly acting under the dictates of the Central Government and hounding the petitioner to destabilise a democratically elected government headed by the petitioner, who is the (now former) Chief Minister of the State of Jharkhand," Soren said.
Soren said that he is facing constant harassment at the hands of the ED and alleged that the probe agency is misusing their authority at the behest of political rivals.
After a prolonged moment of speculation in the media and a hide-and-seek drama, former Jharkhand Chief Minister and Jharkhand Mukti Morcha (JMM) Chairperson Hemant Soren got arrested by the Directorate of Enforcement (ED) in the land scam case on Wednesday night.
The probe pertains to huge amounts of proceeds of crime generated by forging official records by showing 'fake sellers' and purchasers in the guise of forged or bogus documents to acquire huge parcels of land having value in crores.