New Delhi: Supreme Court on Wednesday stayed proceedings in the ED case against Jharkhand CM Hemant Soren for disregarding repeated summons in relation to an alleged land amassment case and in respect of properties owned, possessed and occupied by him.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi issued notice to ED and asked the agency to file its response in four weeks. It permitted Soren to file a rejoinder three weeks thereafter.
Appearing for Soren, senior advocate Mukul Rohatgi said this was a case of gross abuse of power by ED which had issued summons after summons even though the CM had appeared before it thrice and responded to the questions posed to him. “It is nothing but a case motivated by political vindictiveness,” he said.
Additional solicitor general Anil Kaushik said the CM had deliberately and wilfully disregarded the summons with a view to hindering progress in the investigation. But the bench said if ED wanted to prosecute “in terrorem” (in order to frighten), it had achieved its purpose.
“We came to know from newspaper reports that you (ED) have filed bulk complaints. You concentrate on that,” the bench said. Soren in his petition said “central agencies have been targeting the undersigned (him) for over a year now only because the undersigned is not aligned with the political party which is in power at the Centre”.
Jharkhand HC had dismissed Soren’s petition seeking quashing of criminal proceedings initiated by ED and the order of the Ranchi magistrate taking cognizance of the ED case accusing him of deliberate defiance of repeated summonses for his appearance before the agency for questioning.
In his appeal against the HC order, the Jharkhand CM said, “The entire complaint filed by ED is misconceived, frivolous and vexatious, and has been filed with an ulterior aim to harass, humiliate and browbeat the petitioner. It is trite that criminal proceedings and the process of criminal court ought not to be permitted to be utilised as a tool for harassment and to wreak vengeance, more so by a central law enforcement agency.”
