The
Supreme Court on Tuesday asked former Jharkhand chief minister Hemant Soren
whether a writ court can examine the legality of his arrest after the trial
court has taken cognisance of the prosecution complaint filed by the
Enforcement Directorate (ED) in the money laundering case against him related
to an alleged land scam.
A
bench of Justices Dipankar Datta and Satish Chandra Sharma, which posted the
matter for further hearing on Wednesday, asked Soren's counsel to first satisfy
the court as to how interim bail can be granted to him for campaigning in the
Lok Sabha poll when his application for regular bail has been dismissed.
Senior
advocates Kapil Sibal and Arunabh Chowdhury, appearing for Soren, sought time
till Wednesday to respond to the court's queries.
Additional
Solicitor General SV Raju, appearing for the ED, opposed Soren's interim bail
plea, contending his case was different from that of Delhi Chief Minister
Arvind Kejriwal, who was granted interim bail on May 10 for campaigning in the
general elections.
He
said the trial court had on April 4 taken cognisance of the prosecution
complaint, ED's equivalent of a charge sheet, upon finding that a prima facie
case was made out against Soren.
The
ED has, in its affidavit, said Soren is actively attempting to
"subvert" the probe in the money laundering case against him by
"misusing state machinery". It has opposed his "special
prayer" for interim bail to campaign in the Lok Sabha polls.
The
agency said Soren's arrest on January 31 has been upheld by the Jharkhand High
Court and his regular bail application dismissed by the trial court on May 13.
On
May 13, Soren referred to the top court's order granting interim bail to
Kejriwal in the money laundering case against him linked to the alleged Delhi
excise scam and sought identical relief for himself.
In
his appeal filed through advocate Praghya Baghel, the JMM leader said the high
court had erred in dismissing his plea.
The
ED has alleged that "huge amounts of proceeds of crime" were
generated by Soren through manipulation of official records by showing dummy
sellers and purchasers in the guise of forged/bogus documents to acquire huge
parcels of land having value in crores of rupees.
The
probe against Soren pertains to an 8.86-acre plot of land in Ranchi that the ED
has alleged was illegally acquired by him.
Soren
is currently lodged in judicial custody in Ranchi's Birsa Munda Central Jail.