Exactly a week after the Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal, the same division bench on Friday (May 17) will hear a similar plea of interim bail from Jharkhand’s former CM Hemant Soren, who was arrested in a money laundering case linked to an alleged land scam.
Why is Hemant Soren seeking immediate interim bail?
Soren has filed a plea before the apex court, seeking interim bail to campaign for his party, the Jharkhand Mukti Morcha (JMM), in the ongoing Lok Sabha elections.
Soren cites Kejriwal’s bail order
Soren’s plea was moved by his counsel Kapil Sibal. “My case is covered by Arvind Kejriwal’s order. I need interim bail for campaigning (for Lok Sabha polls 2024),” the plea stated.
The plea was submitted on May 13 and the court had initially listed the matter for hearing on May 20 saying there was too much work this week as many other matters were listed before it.
Sibal and another senior advocate Arunabh Chowdhury, also appearing for Soren, submitted, “then dismissed this petition. Election will be over by then and he will be prejudiced if a long date is given in the matter.”
“I can’t help it. May 20, this is the shortest date available. We never give one week’s time,” Justice Sanjiv Khanna said.
Following persistent requests from Sibal, the Supreme Court agreed to prepone the hearing and listed it for May 17.
What was in Kejriwal’s interim bail order that Soren is referring to?
Delhi CM Kejriwal has been granted interim bail till June 1, the last date on Lok Sabha polls 2024. He has been asked by the Supreme Court to surrender on June 2.
Regarding Kejriwal’s interim bail order, the Supreme Court said it had “heard counsel appearing for both the appellant (Arvind Kejriwal) as well as DoE (Directorate of Enforcement) at some length, albeit hearing is yet to conclude and considered decision will take time… at this stage it is not possible for us to either conclude the arguments or finally pronounce the judgment.”
“However, there is an intervening factor which has prompted us to consider and pass the present order, namely, 18th Lok Sabha General Elections, which are in progress. As the appeal is pending before us, we do not think it would be proper for us to direct the appellant – Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us,” Kejriwal’s bail order stated.
“It is no gain saying that General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year…. Given the prodigious importance, we reject the argument raised on behalf of the prosecution that grant of interim bail/release on this account would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country. While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong,” it further said.
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“Power to grant interim bail is commonly exercised in a number of cases…. This case is not an exception. The appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society…. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same,” Kejriwal’s bail order said.
What’s the case with Soren?
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.
When asked in the apex court about this, Sibal, the Jharkhand ex-CM’s counsel responded: “One Raj Kumar Pahan is in possession of that land but I have nothing to do with it.”
Soren, who is currently lodged at the Birsa Munda Central Jail in Ranchi, has challenged the May 3 order of the Jharkhand High Court dismissing his petition against his arrest by the Enforcement Directorate (ED).
Kejriwal did not step down and continued serving as Chief Minister of Delhi, but Soren had resigned as Jharkhand CM just before his arrest on January 31 this year.
Bench which will hear Soren’s bail plea
A bench of Justices Sanjiv Khanna and Dipankar Datta, the same justices who heard Kejriwal’s plea and granted him bail on May 10 will be hearing Soren’s petition on Friday.
The division bench has also asked the ED to submit its position through an affidavit as it had done in Kejriwal’s case.
LS polls in Jharkhand
As per the Election Commission of India (ECI), voting for 14 Lok Sabha seats in Jharkhand were to be held in four of seven phases.
One phase of polling was already completed on May 13, while the remaining will be held on May 20, May 25 and June 1. The votes will be counted on June 4, 2024.
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Will Kejriwal’s interim bail help Hemant Soren walk out of jail too?
