THE JHARKHAND STORY NETWORK
Ranchi, February 2: The Supreme Court today refused to hear former Chief Minister Hemant Soren’s petition challenging his arrest by the ED in the land scam.
Justice Sanjiv Khanna, heading the three-judge bench, asked Soren’s counsel, Kapil Sibal, why the high court could not hear the matter.
Sibal argued, “If in these kind of matters, this court doesn’t send a message…We are dealing with a chief minister who has been arrested. See the evidence. This is not fair.”
“First, courts are open to everybody. Second, high courts are constitutional courts. If we permit one person to come here, we will have to allow everyone,” Justice Khanna observed.
He asked Sibal to approach the Jharkhand High Court. He further pointed out that the writ petition was filed initially challenging ED summonses, and now that he has been arrested, alternative remedies should be available.
To persuade the bench to entertain Soren’s petition under Article 32 of the Constitution, Sibal argued, “Your Lordships have discretion. This is a case where that discretion ought to be exercised.”
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Echoing this submission, AM Singhvi said, “Your Lordships have concurrent jurisdiction. There is no necessity of arrest…”
The court, however, was not convinced.
When Soren’s lawyers urged the bench to fix a timeframe for the Jharkhand high court to hear the matter, Justice Khanna replied, “When you press for it, they will hear you out. We are not going to control the high court.”
After the pronouncement of the order, Additional Solicitor General SV Raju remarked, “A separate bench constituted…A common man would never get these benefits.”
Protesting, Sibal exclaimed, “They are trying to topple this government, that’s a fact.”
Notably, the Jharkhand high court is set to hear Soren’s case on February 5. The State government yesterday moved a petition to withdraw its earlier petition, which Additional Solicitors General Anil Kumar and SV Raju vehemently opposed.
