THE JHARKHAND STORY NETWORK
Ranchi, July 29: In a major relief to Chief Minister Hemant Soren, the Supreme Court on Monday dismissed the Enforcement Directorate’s (ED) plea challenging the Jharkhand High Court’s judgement which granted bail to him in a money laundering case related to an alleged land scam.
A division bench of Justices B R Gavai and KV Viswanathan observed that the High Court’s judgment – which entered a prima facie finding that Soren was not guilty of money laundering -was “very well-reasoned.”
ASG objects to HC’s disbelieving of witness statements
According to a report of LiveLaw, Additional Solicitor General SV Raju took objection to the High Court’s disbelieving of witness statements recorded by the ED under Section 50 of the Prevention of Money Laundering Act. In response, Justice Gavai said, “In our opinion, it is a very well-reasoned order.”
“Ultimately, according to you, the mutation was done for some Raj Kumar Pahawan. So you must show some nexus with the original entrant. Except for saying that some visits to the property were made, what is there?” Justice Viswanathan said. In response to ASG’s contention that the High Court ought not to have disregarded Section 50 statements completely, Justice Gavai countered, “Valid reasons have been given why they are disregarded.”
If we observe anything further, you will be in difficulty, warns SC
When the ASG sought to argue further, Justice Gavai cautioned, “We don’t want to observe anything further. If we observe anything further, you will be in difficulty. A very well-reasoned judgment has been rendered by the ld. judge”
On the ASG’s claim that there are documents corroborating ED’s case, Justice Gavai said, “On the contrary, there is a specific finding that in all records seized from Bhanu Pratap, there is nothing implicating applicant (Soren).”
The bench was unmoved and dismissed the ED’s petition with the following order:
“We are not inclined to interfere with the impugned order. We clarify that the observations made by the learned single judge are relating to the consideration of bail and the same would not influence the learned trial judge in trial or any other proceedings.”
Bench refers to CJI statement on bail
During the hearing, Justice Gavai also referred to the statement made by Chief Justice of India DY Chandrachud in a public function about the reluctance of trial judges to grant bail. “Hon’ble CJI made a statement at Bangalore that Trial Courts play safe when [it’s] a question of granting bail…”
It may be recalled that Soren, who was arrested on January 31 this year, is being investigated for money laundering charges in connection with an illegal mining case, as well as an alleged land scam in Ranchi, the state’s capital. The ED is investigating both cases and contends that approximately 8.5 acres of property in question constitute proceeds of crime. It has charged Soren with unauthorized possession and usage.