NEW DELHI: In a huge setback for former Jharkhand CM Hemant Soren, the Supreme Court on Friday refused to entertain his plea for quashing the arrest order and the summons issued to him by the Enforcement Directorate (ED).
A bench of Justices Sanjiv Khanna, MM Sundresh and Bela Trivedi insisted with Kapil Sibal and AM Singhvi that Soren must move Jharkhand HC for bail.
“It has been SC’s consistent practice that such petitions must be moved before the HC, which is also a constitutional court and open to oneand all,” Justice Khanna said.
The apex court said if it permits one to come to SC directly in such matters then it would have to permit everyone to do so.
The three-judge bench, led by Justice Khanna, made its view about not entertaining a bail or quashing of arrest petition by anyone, who bypasses HC and approaches SC directly.
“It will send a very wrong signal,” the bench said rejecting Sibal’s plea that it is a matter of discretion for SC.
Soren was arrested on January 31 in a money laundering case linked to illegal possession of huge parcels of land and alleged association with the ‘land mafia’.
In his plea before the top court, Hemant Soren accused ED of arresting him as part of a ‘well-orchestrated conspiracy’ by the Centre ahead of the Lok Sabha elections. He urged SC to declare his arrest as unwarranted, arbitrary, and in violation of his fundamental rights.
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