Law Kumar Mishra
Patna, February 2
In a major setback to former Jharkhand Chief Minister Hemant Soren, the Supreme Court on Friday refused to entertain his petition challenging his arrest by the Enforcement Directorate (ED) in a money-laundering case.
The Apex Court asked the petitioner to go back to the state High Court where his petition was already pending. “We are not inclined to entertain the present petition under Article 32. We leave it open to the petitioner to approach the jurisdictional high court under Article 226,” a three-judge special Bench led by Justice Sanjiv Khanna told senior counsel Kapil Sibal, who represented Soren.
“We are informed that a petition was filed before the high court and it’s still pending. Thereafter, another plea was filed under Article 226 which was later withdrawn. It’s open to the petitioner to amend his petition,” said the Bench, which also included Justice MM Sundresh and Justice Bela M Trivedi.
Justice Khanna said it would be open to the petitioner to request the High Court to expeditiously decide the matter. “We will not control a constitutional court,” Justice Khanna said as Sibal urged the top court to direct the high court to decide the matter expeditiously.
Justice Khanna sought to know why Soren did not approach the high court and why he chose to move the top court directly. “(The) Courts are open to everybody…If we allow one person, then we have to allow everybody (to approach the top court directly…Please go to the high court…We will not interfere,” the Bench noted.
Now, the matter is likely to be taken up by the Jharkhand High Court.
Soren was arrested by the ED in Ranchi on Wednesday after six hours of questioning in connecting with land scam and money-laundering case. He is the first Chief Minister to be arrested in a money-laundering case.
The former Jharkhand Chief Minister on Thursday moved the Supreme Court challenging his arrest.
