New Delhi: After two days’ of intense arguments, the Supreme Court on Wednesday decided not to entertain a plea by former Jharkhand chief minister Hemant Soren challenging the arrest by the Enforcement Directorate and also seeking interim bail for campaigning amid the ongoing Lok Sabha election. The apex court pulled up Soren for concealing relevant facts, saying that his conduct is not without blemish.
A bench led by Justice Dipankar Datta once again took serious view of the fact Soren had concealed relevant facts before the apex court that the trial court had taken cognizance of a complaint against him and also the fact that bail application was filed in special court and that it was pending. The bench also questioned how there could be a multiplicity of proceedings. Justice Datta observed that this is not the way you come before the apex court without disclosing material facts.
The bench, also comprising Justice Satish Chandra Sharma, said the petitioner has not come with clean hands and did not disclose the fact that the cognisance had already been taken in the complaint by the Enforcement Directorate and his bail plea was dismissed. The bench made it clear that it cannot consider a plea by the man whose conduct is not free from blemish.
Senior advocate Kapil Sibal, appearing for Soren, sought to make a distinction that taking of cognisance would not come in the way of writ petition related to liberty.
However, the bench, which seemed to be unconvinced with Sibal’s arguments, said "Your conduct is not free from blemish. It is blameworthy. So, you may take your chance elsewhere”.
Sibal finally withdrew the petition filed against the May 3 judgment of the Jharkhand High Court, which rejected Soren’s plea questioning the validity of arrest by the ED on January 31, in a money laundering case.
The probe against Soren is in relation to an 8.86-acre plot of land in Ranchi that the ED has alleged was illegally acquired by him. The money laundering investigation stems from multiple FIRs registered by Jharkhand Police in land "scam" cases against several people, including state government officials.
During the hearing, Sibal submitted that his client is in custody and does not have any knowledge about the petitions being filed in courts. “He is not a layman,” the bench observed and said it will dismiss his plea against arrest without going into the merit of the case.
After Sibal vehemently argued, defending Soren, the bench told him that it is not convinced with his arguments. “Mr Sibal, we are still open but you have to clear this doubt from our mind….”, said Justice Dutta. Sibal pressed that it is a matter of personal liberty and urged the court to look at the facts and “your lordships will be astounded”.
“Does it mean that court will ignore the order dismissing the bail, just because you have filed it without prejudice….although you may have filed it without prejudice, the order is no less final and binding…we cannot ignore that order”, said Justice Datta.
The bench referred that the cognisance was taken on the complaint on April 4, and this was not mentioned in the petition before it, and told Soren’s counsel that when parallel proceedings were pursued, “we expected a level of candour”.
Sibal submitted that the fault was on the part of the counsel and not the client who was inside the jail. “Why not in this petition. We are not inclined to interfere with the impugned judgment and order of the high court”, said Justice Dutta, adding that the petitioner has not approached with clean hands.
Sibal requested the court to allow him to withdraw the petition and pressed that the elections will be over (and his client cannot participate in the campaigning). “Nothing can be done…”, Justice Datta told Sibal, who insisted that the court could have heard him for 15 more minutes before deciding not to entertain the petition.
However, Justice Datta told Sibal, “that is why we granted you time till today. We have also done our homework…”. Sibal said Soren is in jail. Justice Datta said that cannot be a ground and asked Sibal whether he is withdrawing the petition or it will be dismissed.
Concluding the hearing, the bench also observed the court had been working during the summer vacations and the people in governance should be mindful of it and consider addressing the delay in filing petitions. "Despite the efforts we put in as judges', we have to hear that judges' work for very few hours....what are we doing here, during vacations also burning our midnight oil...", said Justice Datta.
Earlier, Sibal sought a parity for Soren with Delhi Chief Minister Arvind Kejriwal who was on May 10 ordered to be released on interim bail till June 1 for campaign during the ongoing Lok Sabha polls.
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