Strong debate on Hemant Soren's interim bail plea in Supreme Court, hearing to be held on Wednesday also
Ranchi. The petition challenging the ED action and demanding interim bail was heard in the Supreme Court on Tuesday. There was vigorous debate from both sides for about two hours. The vacation bench of Justices Dipankar Dutta and Satish Chandra Sharma has decided to continue the hearing on Wednesday also.
Senior advocate Kapil Sibal, appearing on behalf of Hemant Soren, said that the land on which ED has taken action against Hemant Soren on the charge of possession is of Bhuihari nature under the Chhotanagpur Tenancy Act and it cannot be handed over to anyone under any circumstances. The person cannot be sold or transferred. The lease of this land is in the name of Rajkumar Pahan. Baijnath Munda and Shyamlal Pahan are also claiming this land. Therefore, this is a matter of civil dispute and Hemant Soren has nothing to do with it.
Sibal said that Hemant Soren has been accused of occupying this land in the year 2009-10, but there is no complaint registered anywhere in this regard. In April 2023, ED started proceedings in this case and on the basis of oral statement of some people only, it was told that this land belongs to Hemant Soren. ED has no evidence as to when, where and how Hemant Soren captured it.
On behalf of ED, Assistant Solicitor General SV Raju opposed the petition and said that this is enough evidence that Hemant Soren is in illegal possession of 8.86 acres of Bariatu land. Even though Hemant Soren's name is not recorded in the documents of this land, illegal occupation of the land is a crime under PMLA. Earlier, on Monday, on the instructions of the court, the ED had presented its stand in writing in this case, in which it opposed the demand for interim bail and said that they have tried to misuse the government machinery to obstruct the investigation. They have even filed false cases against ED officials under the SC/ST (Prevention of Atrocities) Act. ED said that if Soren is granted interim bail for election campaign, then all the jailed politicians will demand exemption on this basis. The right to campaign is neither a fundamental right, nor a constitutional or legal right.
The ED said that if Soren's request for special treatment is accepted, then no politician can be arrested nor kept in judicial custody.
Hemant Soren's petition was earlier presented for hearing on May 18 before the bench of Justice Sanjeev Khanna and Justice Dipankar Dutta. That day, Additional Solicitor General SV Raju, on behalf of the ED, had sought time to reply on this issue and a detailed hearing was not held on it. After this, the court had directed to list the petition before the vacation bench of the Supreme Court on May 21. Let us tell you that on January 31, ED had arrested Hemant Soren and sent him to jail in a case related to illegal occupation of 8.66 acres of land in Badagai area of Ranchi and money laundering.
Source : palpalindia
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