SC sets aside HCs order admitting pleas seeking ED probe in allegations against Jharkhand CM

NEW DELHI: In a relief to Jharkhand CM Hemant Soren, the Supreme Court on Monday set aside Jharkhand HC’s order accepting pleas seeking ED probe against him for alleged money laundering through several shell companies. The judgement was delivered by a bench of CJI UU Lalit, Justices Ravindra Bhat and Sudhanshu Dhulia. 

On August 17, 2022 the bench while reserving verdict had stayed further proceedings pending before the Jharkhand HC. Pleas that were preferred by Shiv Shankar Sharma before the HC had alleged that the JMM leader had given a mining lease to himself.

On June 3rd, a bench of Justices R Ranjan and Sujit Narayan Prasad while admitting the PIL’s seeking probe against the Chief Minister had observed that, “This court after having answered the issue, as framed by the court and on the basis of discussions made hereinabove, is summing up its view and is on the considered opinion that the writ petitions cannot be thrown away on the ground of maintainability.” 

Senior Advocate Kapil Sibal for the State had submitted that the High Court not only decided maintainability but also considered the merits of the case. Terming the issue as “well planned”, Sibal also questioned ED’s conduct of filing documents in sealed cover in the absence of incriminating evidence against JMM Leader. 

For the Chief Minister, Senior Advocate Mukul Rohatgi submitted that PIL levelling allegations CM granting mining lease to himself was only filed due to the enmity between the family for two decades. Rohatgi further submitted that there wasn’t any real representation in the writ. To counter the submissions made by Senior Counsels, Additional Solicitor General SV Raju for the ED contended that a petition raising allegations of corruption cannot be thrown on technical grounds.